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.... Merely non-mentioning it as a proprietorship concern in the cause title, but in the body of the complaint it was mentioned that the wife of the GPA holder was proprietor of the proprietorship concern. In...received back the said cheque and given 3 cheques for Rs.15 lakhs i.e., 5 lakhs each. Therefore, the contention of the petitioner counsel cannot be acceptable that complaint is not maintainable on that ground.
...respondent herself as proprietor of the proprietorship could file the complaint as it is not separate legal entity like firm and a company. Therefore, prayed for dismissing the petition...
...said defence was negatived by the Magistrate.
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12. Since the proprietorship concern is not a legal ...proprietorship concern not impleaded as accused therefore the complaint is not
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maintainable....
15. As already stated, the proprietary concern has no legal entity and the proprietor alone is responsible for the same. Once, the respondent has admitted the signature and executio...
.... That was also a case in which the suit was instituted in the name of the proprietorship concern. The court held that a proprietorship concern is not a ....
(iii) Learned senior counsel for the defendant further states that the plaintiff has sued in the name of the proprietorship concern and not in the name of the proprietor. Hence, he states...amount claimed by the plaintiff is approximately Rs.1.13 crores. It is stated that at page 11 of IA No.5504/2018 the defendant has given a list of invoices which according to the defendant are not...
....2. Learned counsel for the petitioner submits that there was no legal notice since in the notice, the name of the proprietorship concern was not mentioned. The proprietorship ...the complaint, the name of the proprietorship concern was also shown and the person namely; the Proprietor is actually the person shown as the complainant. It is important to...ORDERPetitioner was concurrently found guilty and convicted of the offence punishable under Sec.138 of N.I Act. Ext.P1 cheque is dated 5.2.2008 When presented for encashment...
...Mr.Ankit Goel claiming therein that as the defendant has been arrayed in the name of a proprietorship concern, which is not a legal entity, the Suit be rejected under Order VII R...alia pleaded that since the present Suit has been filed by the plaintiff against and in the name of the proprietorship concern, the Suit is not maintainable, as the proprietorship concern ... Vadhwani must have preceded the business name in the cause-title. This is not an illegality which goes to the root of the matter….."
39. In SVAPN Construction ...
...of the firm. It is noteworthy that release application was filed against the firm Babulal Rukmanand through its sole proprietor Sri Radha Krishna Khandelwal. It is not in dispute that the firm Babulal Rukmanand was ...the Court below by observing that the release application was filed against the firm M/s. Babulal Rukmanand and consequently, it is not necessary to implead all heirs of the deceased partner/proprietor....
Accordingly, the impugned order is set-aside. The petitioners are permitted to be brought on record as respondents to the release application, but they shall not file any separate...
...) 33, it is held that it is a settled position of law that the proprietorship concern by itself is not a legal entity, apart from its proprietor, the p..., represented by its proprietor P. Subramaniam. On noticing that the proprietary concern is not a juridical entity, the complainant filed applications requesting for permission to amend the cause title sui...by the proprietary concern, which is not a juridical person in the eye of law, the applications for amendment cannot be allowed to make the invalid complaints as valid complaints and further the said...
...Section 11(6) of Arbitration and Conciliation Act has been filed by M/s. Svapn Cosntructions which is a sole proprietorship concern, which is not a ...filed by a legal entity. The respondent has relied on 73 (1998) DLT 259; P.C Advertising…Plaintiff; v. Municipal Corporation Of Delhi…Defendant.; ...in the name of sole proprietorship firm which is not a legal entity through its sole proprietor. A sole proprietorship firm is not a legal ...
...and liable to be quashed.
In yet another decision in Vaidyanathan, etc. v. Dodla Dairy Limited, etc., 1999-1 L.W. (Crl.) 395, M. Karpagavinayagam, J. held that it is a settled position of law that the ...in respect of first petitioner alone. He contended that the proprietary concern is not a legal entity apart from its proprietor, the concern name being the name of the proprietor himself ...proprietor, are liable to be quashed, since the proprietary concern is not a legal entity and A. Raman was the drawer of the cheque, who can be prosecuted.
In the decisio...
.... Held that it is a settled position of law that the proprietorship concern by itself is not a legal entity apart from its proprietor; the proprietary concern a..., pratap singh, j. Held that the proceedings against sri janaki pharmacy, represented by proprietor, are liable to be quashed, since the proprietary concern is not a legal entity and a. R...concern is not a legal entity or juridic person and it can neither initiate any proceedings nor proceedings can be initiated against it.
(8) In anas industries, rep. By its propri...
...the suit is filed by the proprietorship concern, which is not a legal entity.4. Admittedly, in the suit, the name and description of the plaintiff is given...Petition is not maintainable as C.L Construction Company is a sole proprietorship concern and is not a legal entity. A perusal of the Memorand...contention of the learned counsel for the respondent was that the suit, having been filed by a proprietorship concern, which was not a separate legal entity, clearly fell foul of the...
...Director of the Assessee is a senior citizen and it is not possible for him to pursue the matter outside Delhi. While that may be so, we find that the Assessee is a private limited company and ...application for the second time, it is now not open to the Assessee to raise such a plea since a decision has also been rendered on merits in the appeal.8. It is submitted that the Managing...could have been represented by a person authorized by the company to do so. It is not necessary that each time the Managing Director of the...
..., Hon'ble Pratap Singh, J. (as he then was) was pleased to quash the proceedings as against Sri Janaki Pharmacy, represented by Proprietor since the proprietorship concern is not the legal entity ...prosecution against the proprietary concern alone. Had there been prosecution against proprietorship separately or had there been prosecution against Revathy Vaidyanathan individually, then there is a point in urgi...in the instant case has not been separately prosecuted. Therefore, it cannot be contended that the prosecution is not maintainable merely on the ground that the proprietorship has no legal entity...
...) 33), it is held that it is a settled position of la that the proprietorship concern by itself is not a legal entity, apart from its proprietor, the p...Merran (2002 CRL L.J. 1689) for the position that the petitioner is not a legal entity or juridical person and that therefore the prosecution against the petitioner cannot be main...petitioner is that the petitioner is the proprietary concern under the name and style "Mallika Agency" and the petitioner herein is not a juridical person and hence its proprietor Balachandra cann...
...petitioner, which is proprietorship concern, has no legal entity nor it is a juristic person and for that reason proceedings could not be initiated against its name in terms of t...proceedings as against Sri Janaki Pharmacy, represented by Proprietor since the proprietorship concern is not the legal entity holding that one Raman alone issued the cheque as a drawer o...prosecution against proprietorship separately or had there been prosecution against Revathy Vaidyanathan individually, then there is a point in urging that the drawer is not the accused.
...
...prosecution could be launched against the drawer... .It is a settled position of law that the proprietorship concern by itself is not a legal entity apart from its propr..., is not a juristic person. No complaint can be filed against such non-legal person. Thus the complaint was not tenable and should be dismissed.5. The complainant opposed the application...accused as Maan Agro Centre through its proprietor without mentioning the name of the proprietor. He submitted that proprietary concern is not a juristic person and it cannot be prosecuted in its name...
...proprietor since the proprietorship concern is not the legal entity holding that one raman alone issued the cheque as a drawer of the cheque.
(21) If the same analogy ...had there been prosecution against revathy vaidyanathan individually, then there is a point in urging that the drawer is not the accused.
(23) As indicated above, it is a settled...proprietrix concern which is not a firm. Therefore, it does not come within the definition of the company and as such, the said proprietrix concern is a non entity in th...
...appearing for the respondent has raised a preliminary objection as to the maintainability of this writ petition that the petitioner is a proprietorship concern and it is not a ju...by an individual for carrying on his business. A proprietorship concern is not a juristic person. It cannot sue, however, in view of Order XXX Rule 10 CPC, it can be sued. In order to analyse the...that proprietorship concern may be made a party. However, it does not necessarily mean that the proprietor itself if made a party would not be enough, inasmuch as, the proprietorship ...
...that the cash credit facility was taken by the complainant for the purpose of earning of his livelihood by means of self employment hence complainant is not a consumer. Moreover this complaint ...Ritu Garodia-Member The complainant is a proprietorship concern having its proprietor as Sh. Vasant J.Ranka. The complainant was carrying on business with OP7. The.... Vasant Kumar 6934. OP4 in its reply has stated that the complaint is not maintainable and the complainant is not a consumer. It is contended that over writing or any tamperin...
...Written Statement the respondent has contended that the Petition is not maintainable as C.L Construction Company is a sole proprietorship concern and is not a ...respect of a defined legal relationship, whether contractual or not. Sub-section (2) of Section 7 clarifies that an arbitration agreement may be in the form of an...only be that of the Chief Justice or the Judge designate.(v) Designation of a District Judge as the authority under Section 11 (6) of the Act by the Chief Justice of the High Court is not...