AI Overview...
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Section 223 BNSS Notice in 138 NI Cases - The notice under Section 223 of the Banking and Negotiable Instruments Act (BNSS) is issued to all partners, including non-signatory partners, as liability is joint and several. Even if the partnership firm is not directly proceeded against, individual partners can be held liable in cheque dishonor cases if the transaction was carried out on their behalf. The complaint remains maintainable against non-signatory partners based on the joint liability principle. Ritaben Kanubhai Patel vs State of Gujarat - Gujarat
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Legal Validity of Notice under Rule 7(1) - A default must exist before issuing a notice under Rule 7(1). The notice is considered a demand invoking the guarantee, and the guarantor must be in default prior to the notice. In the case discussed, the guarantor (PG) received the notice after the stipulated 7 days, raising questions about the notice's validity. Proper compliance with the notice period is essential for invoking guarantee obligations. RKJ Enterprises vs Mr. Sanjeevi - National Company Law Tribunal
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Notice and Proceedings in Criminal Cases - Notices issued under Section 82 CrPC, such as against a foreign national, are valid if properly issued. The Court has observed that the appellant was declared a proclaimed offender and re-arrested later, with the FRRO being involved due to the appellant's foreign nationality. The issuance of notices and subsequent legal actions are part of due process. UBABUEZE CHIJIOKE EMMAUNLE @ JOJO Vs STATE (NCT OF DELHI) - Delhi
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Custodial Deaths and Procedural Safeguards - The document highlights concerns over custodial deaths during interrogation, emphasizing the need for proper opportunity to observe and record evidence. It also stresses strict compliance with procedural provisions related to capital punishment, including certification and evidence procedures, to uphold legal standards and human rights. State of Maharashtra vs Kamal Ahmed Mohd. Vakil Ansari - Bombay
Analysis and Conclusion:
The sources collectively underscore the importance of proper notice issuance and adherence to procedural requirements in both civil and criminal cases. Section 223 BNSS mandates that all partners, including non-signatories, can be held liable in cheque dishonor cases, emphasizing joint liability. In guarantee cases, timely notice under Rule 7(1) is crucial for enforceability. Criminal proceedings involving foreign nationals require careful procedural compliance, including notices and arrest procedures. Finally, safeguarding procedural rights during custodial interrogations and capital punishment proceedings remains a vital concern.
Search Results for "Notice of Sec 223 Bnss Notice in 138 N i Cases"
2025 0 Supreme(Guj) 2058 • India - IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.C. DOSHI
10, 12) ... ... Issues: Whether the non-signatory partner can be held liable in cheque dishonor cases ... 223 of the BNSS), such a complaint is maintainable. ... Rather, it has been contended in para 5 of the reply to the notice that entire transaction has been carried out by petitioner Pareshbhai on behalf of the partnership firm. ... Since the liability is joint and several, even in the absence of a partnership firm being proceeded against by the complainant by issuance of legal notice as mandated u....
2025 Supreme(Online)(NCLT) 5712 • India - National Company Law Tribunal
SHRI JYOTI KUMAR TRIPATI, J, SHRI RAVICHANDRAN RAMASAMY, T
Default before issuance of Notice under Rule 7(1), must exist on the part of the Guarantor. Hence, we reject the submission of the Appellant that Notice under Rule 7, sub-rule (1) is a Notice, invoking the guarantee. ... It is stated that, PG was only provided with 7 days of time to reply for the said notice, whereas the notice was actually received only after the expiry of said 7 days’ time period on 12.02.2024. ... It is seen that, pursuant to the appointment, RP has caused notice se....
2024 Supreme(Online)(DEL) 32627 • India - High Court of Delhi
MR. JUSTICE SUBRAMONIUM PRASAD, J
Muniappan (supra) has not been brought to the notice of the Co-ordinate Bench of this Court. 20. ... Notice was issued on 28.05.2024. Status Report has been filed. Since the Appellant is a foreign national, this Court vide Order dated 22.07.2024 impleaded FRRO as a party to the present petition. ... It is stated that notice under Section 82 CrPC was issued against the Appellant and the Appellant was declared a Proclaimed Offender vide order dated 14.10.2019. g) It is stated that the Appellant was again arrested on 31.03.2021. ... The Tria....
2025 0 Supreme(Bom) 1221 • India - IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Anil S.Kilor, Shyam C.Chandak
We remorsefully like to state that on few occasions even custodial deaths caused during interrogation are brought to our notice. ... And, there was no sufficient opportunity for PW-63 to observe and notice A.13 and his face and store it in his memory. 308. ... We may next notice other provisions of the extant Code (corresponding to Sections 374, 375, 376 and 377 of the repealed Code) bearing on capital punishment. ... While seeking strict compliance, we notice as follows: - (1) In all the certificates, the language a....
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