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Dhirendra Singh vs State Of U.P. And Another on 13 October, 2020

1. The matter under Section 227 of Constitution has been filed by petitioner to set aside the impugned orders dated 31.10.2018 passed by Additional Court No. 3, Agra in Complaint No. 1500 of 2011 (Nepal Singh Vs. Dhirendra Singh) under Section 138 of Negotiable Instruments Act, 1881 and the order dated 6.2.2020 passed by Additional Sessions Judge, Court No. 17, Agra in Criminal Revision No. 552 of 2018 (Dhirendra Vs. State of U.P. and Another) and to quash the summoning order dated 28.3.2012 as well as entire proceeding of Complaint Case No. 1500 of 2011 pending in the court of Additional Court No. 3, Agra.
Allahabad High Court Cites 5 - Cited by 0 - S K Gupta - Full Document

The Manager vs Shri Sitaram Pandurang Ubare on 6 September, 2021

In this context, learned counsel for the appellant/complainant placed reliance on the decision of the Hon'ble Apex Court in the case of M/s Shankar Finance & Investments Vs State of Andhra Pradesh & Others in Crl.A.No.1449/2003 and the decision of the Allahabad High Court in the case of Dhirendra Singh Vs State of U.P. and Another in 2231/2020 and the judgment of this Court in the case of Shri.M.Chinnakoti Reddy Vs. Smt.B.Bhagyalakshmi passed in Crl.A.No.2556/2009 dated 02.09.2013. The Hon'ble Apex Court has analyzed the difference between the company and proprietary firm as an association of the individuals. It is clearly observed that, a proprietary concern is nothing but an individual trading under a trade name and an individual carries on business in a name or 9 style other than his own name. This Court in Crl.A.No.2556/2009 has elaborately discussed this aspect and held that a proprietorship is one which is managed by an individual and it would consist of sole proprietor. Hence, it is held that there is no indication in Section 141 of N.I.Act that a company would include a proprietorship and that a complaint would not be maintainable if it is brought in the name of the proprietor without the proprietorship concerned also being made a party.
Karnataka High Court Cites 8 - Cited by 0 - R Badamikar - Full Document

L.K Chauhan vs Munija Akeel on 27 February, 2023

In Dhirendra Singh Vs. State of U.P. and another reported in 2020 4 SCC Online All 1130 , the High Court of Allahabad has observed that "in the case of a sole proprietary concern, there are no two persons in existence. Therefore, no vicarious liability may ever arise on any other person. The identity of the sole proprietor and that of his 'concern' remain one, even though the sole proprietor may adopt a trade name different from his own, for such 'concern'. Thus, even otherwise, conceptually, the principle contained in section 141 of the Act is not applicable to a sole-proprietary concern."
Madhya Pradesh High Court Cites 8 - Cited by 0 - A Palo - Full Document

Virendra Pratap Singh vs State Of U.P. And Another on 8 July, 2022

Challenge in this writ petition is to the order dated 15.9.2021, passed by Chief Judicial Magistrate, in Complaint Case No. 168 of 2017 (Ravinidra Kumar Gaud Vs. Virendra Pratap Singh), under section 138 N.I. Act, whereby concerned Magistrate closed the evidence of accused/petitioner and order dated 25.2.2022, passed by Sessions Judge, Aligarh in Criminal Revision No. 242 of 2021 (Virendra Pratap Singh Vs. U.P. State and another), whereby aforementioned criminal revision arising out of order dated 15.9.2021 has been dismissed.
Allahabad High Court Cites 4 - Cited by 0 - R Misra - Full Document

Vidyut Transmission Karamchari ... vs State Of U.P. Thru. Prin. Secy. Deptt. ... on 30 January, 2023

3. It is agreed between the parties that similar writ petitions have been disposed of by Coordinate Bench of this Court in Writ-C No.7572 of 2022: Rachna Vajpayee and others Vs. State of U.P. through Principal Secretary Department of Cooperative Civil Secretariat Lucknow and others and in Writ-C No.7309 of 2022:Dhirendra Pratap Singh and others Vs. State of U.P. through Principal Secretary, Department of Cooperative Civil Secretariat Lucknow and others; decided on 18.10.2022.
Allahabad High Court Cites 1 - Cited by 1 - Full Document

Brijpal Singh And Others vs State Of U.P. Thru. Prin. Secy. Deptt. Of ... on 8 February, 2023

3. It is agreed between the parties that similar writ petitions have been disposed of by Coordinate Bench of this Court in Writ-C No.7572 of 2022: Rachna Vajpayee and others Vs. State of U.P. through Principal Secretary Department of Cooperative Civil Secretariat Lucknow and others and in Writ-C No.7309 of 2022:Dhirendra Pratap Singh and others Vs. State of U.P. through Principal Secretary, Department of Cooperative Civil Secretariat Lucknow and others; decided on 18.10.2022.
Allahabad High Court Cites 2 - Cited by 0 - Full Document
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