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bala Jubaland Suspends Cooperation With Somali Federal Government By allafrica.com Published On :: Mon, 11 Nov 2024 06:29:01 GMT [Shabelle] Kismayo, Somalia -- The regional state of Jubaland has announced the suspension of all cooperation with the Federal Government of Somalia, escalating tensions over political and governance issues. The decision, made public early Sunday, marks a significant rift in the country's federal structure. Full Article Conflict Peace and Security East Africa Governance Somalia
bala Slackliners set world record, balancing at 2,500 metres high between hot air balloons By www.euronews.com Published On :: Mon, 11 Nov 2024 16:25:38 +0100 Slackliners set world record, balancing at 2,500 metres high between hot air balloons Full Article
bala Can we really balance our hormones by eating certain foods? By www.newscientist.com Published On :: Wed, 30 Oct 2024 13:00:00 +0000 Diets that claim to control excess oestrogen or stress hormones are all the rage on Instagram and TikTok. They could be good for us, just not for the reasons claimed Full Article
bala Can we really balance our hormones by eating certain foods? By www.newscientist.com Published On :: Wed, 30 Oct 2024 13:00:00 +0000 Diets that claim to control excess oestrogen or stress hormones are all the rage on Instagram and TikTok. They could be good for us, just not for the reasons claimed Full Article
bala Playing Video Game May Boost MS Patients' Balance: Study By www.medicinenet.com Published On :: Mon, 29 Aug 2022 00:00:00 PDT Title: Playing Video Game May Boost MS Patients' Balance: StudyCategory: Health NewsCreated: 8/26/2014 9:35:00 AMLast Editorial Review: 8/26/2014 12:00:00 AM Full Article
bala Health Tip: Balance Homework With Down Time By www.medicinenet.com Published On :: Mon, 29 Aug 2022 00:00:00 PDT Title: Health Tip: Balance Homework With Down TimeCategory: Health NewsCreated: 8/27/2015 12:00:00 AMLast Editorial Review: 8/27/2015 12:00:00 AM Full Article
bala Study Casts Doubt on 'Chemical Imbalance' Theory of Depression By www.medicinenet.com Published On :: Tue, 9 Aug 2022 00:00:00 PDT Title: Study Casts Doubt on 'Chemical Imbalance' Theory of DepressionCategory: Health NewsCreated: 8/9/2022 12:00:00 AMLast Editorial Review: 8/9/2022 12:00:00 AM Full Article
bala Interview: Tschabalala Self By www.factmag.com Published On :: Fri, 03 May 2024 11:51:45 +0000 On heritage, identity, and what it means and looks like to be a practicing artist today. The post Interview: Tschabalala Self appeared first on Fact Magazine. Full Article Magazine Tschabalala Self
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bala RJ Balaji’s ‘Sorgavaasal’ gets a release date By www.thehindu.com Published On :: Sat, 09 Nov 2024 15:41:14 +0530 Directed by debutant Sidharth Vishwanath, ‘Sorgavaasal’ also stars Selvaraghavan, Natty, Saniya Iyappan, Sharaf-U-Dheen, Hakkim Shah, Anthonythasan, Ravi Raghavendra, and Samuel Robinson Full Article Movies
bala ‘Balatro’ Is Coming to Apple Arcade and Also iOS as a Standalone Premium Release Beginning September 26th By toucharcade.com Published On :: Thu, 05 Sep 2024 14:16:58 +0000 Balatro from developer LocalThunk and publisher Playstack is finally coming to mobile later this month on iOS, Android, and also … Continue reading "‘Balatro’ Is Coming to Apple Arcade and Also iOS as a Standalone Premium Release Beginning September 26th" Full Article Apple Arcade Featured Games iPad Games iPhone games News Universal Upcoming Games Balatro
bala EU's Hoekstra balances divergent calls on climate By www.argusmedia.com Published On :: 07 Nov 2024 12:44 GMT Full Article Biofuels CO2 Europe Politics Net zero Environmental politics Regulation Energy policy Climate change Renewable and alternative energy
bala New Survey Shows UK Public Willing to Pay �10 for Missed GP Appointments to Support the NHS Amid Widespread Concerns About Government Spending on Healthcare - Healthcare leaders and the public say how they would balance the NHSï¿ By www.multivu.com Published On :: 09 Feb 2016 13:10:00 EST Healthcare leaders and the public say how they would balance the NHS� books Full Article Healthcare Hospitals Medical Pharmaceuticals Pharmaceuticals Survey Polls & Research MultiVu Video
bala Doctors Must Set Boundaries: Work-Life Balance Be Healthy to Prevent Stress By www.medindia.net Published On :: Medical professionals, specifically doctors, play an important role in delivering good quality patient care. However, they are frequently confronted with Full Article
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bala Call for renewed government focus on achieving fiscal balance and sustainably cutting the costs of doing business - 17 Feb By www.pwc.com.au Published On :: Tue, 17 Feb 2015 17:00:00 +1100 Governments must apply renewed focus to achieve fiscal balance and sustainably reduce the cost of delivery. Full Article
bala Kartik Aaryan, Vidya Balan, Triptii Dimri, Madhuri Dixit and others arrive in style at Bhool Bhulaiyaa 3 - TOI Etimes By news.google.com Published On :: Tue, 12 Nov 2024 19:46:00 GMT Kartik Aaryan, Vidya Balan, Triptii Dimri, Madhuri Dixit and others arrive in style at Bhool Bhulaiyaa 3 TOI EtimesView Full coverage on Google News Full Article
bala M/S.Sree Gokulam Chit & Finance Co.(P) vs P.R.Balakrishnan on 8 November, 2024 By indiankanoon.org Published On :: 1 .R.BALAKRISHNAN, S/O.P.N.RAMAKRISHNAN RAO P PARTNER, M/S.WOODLANDS JEWELLERS, WOODLAND JUNCTION, M.G.ROAD, ERNAKULAM,, KOCHI-16. 2 /S.WOODLANDS JEWELLERS, M KOCHI-16. 3 TATE OF KERALA, REPRESENTED BY S THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 1 & R2 BY ADVS. R SRI.JOHN BRITTO SRI.C.A.RAJEEV R3 BY PUBLIC PROSECUTOR SMT.SEENA C. THIS CRIMINAL APPEALHAVING BEEN FINALLY HEARD ON 30.10.2024, THE COURT ON 08.11.2024 DELIVERED THE FOLLOWING: CRL.A NO. 1029 OF 2008 2 2024:KER:82742 "CR" J U D G M E N T The complainant in CC No.238 of 2002 on the file of Additional Chief Judicial Magistrate, Ernakulam, filed this appeal challenging acquittal of the accused, under Section 138 of the Negotiable Instruments Act (hereinafter referred as 'the NI Act'), as per judgment dated 31.05.2007. 2. The complainant, M/s.Sree Gokulam Chit & Finance Company,isaPrivateLimitedcompanyhavingitsregistered office at Chennai and a branch office at MG Road, Ernakulam. The complainant is represented by its power of attorney holder, who is the Assistant Manager of that company.Heisempoweredtoinstitutethecomplaintandto give evidence. The 2nd accused is M/s.Woodlands Jewellers and the1staccusedisitspartner.Rs.2,13,000/-wasdueto the complainant, from the accused, towards future instalments of kuri transactions, whichthe2ndaccusedhad subscribed with the complainant-company. Towards dischargeofthatdebt,the1staccusedissuedExt.P2cheque dated 14.12.2001, assuring that, it would be encashed on CRL.A NO. 1029 OF 2008 3 2024:KER:82742 presentation before the Bank. The complainant presented that cheque for collection but it was dishonoured for the reason, 'A/c transferred to suit file. No Balance.', as per Ext.P3 memo. Complainant sent Ext.P5 registered lawyer notice to the accused, and inspiteofreceiptofnotice,they did not repay that amount, though a reply was sent with untenable contentions. Hence the complaint. 3. After taking cognizance and on appearance of the accused before the trial court, particulars of offence were read over and explained, to which, they pleaded not guilty andclaimedtobetried.Thereupon,PW1wasexaminedand Exts.P1toP10andP10(a)weremarkedfromthesideofthe complainant. On closure of complainant's evidence, the accused were questioned under Section 313 of Cr.P.C. They denied all the incriminating circumstances brought out in evidence and according to them, they subscribed chitty conducted by the complainant, which was terminated on 12.11.1998. They paid the entire amount due, and thereafter their passbook was closed. Ext.P2 cheque was CRL.A NO. 1029 OF 2008 4 2024:KER:82742 given by the accused, as a blank one, only as a security, when he bid the chitty. After closing the chitty,theaccused demanded back the blank cheque given as security, but it was not returned, saying that it was kept intheheadoffice at Madras. No defence evidence was adduced. 4.Onanalysingthefactsandevidence,andonhearing the rival contentions from either side, the trial court acquitted the accused, finding that the complaint was not properly instituted, as PW1-Assistant Manager was not properly authorised to filethecomplaintortogiveevidence on behalf of the company. Moreover, the complainant failed to prove that, Ext.P2 cheque was issued towards discharge of a legally enforceable debt. Aggrieved by the acquittal of the accused, the complainant has preferred this appeal. 5. Heard learned counsel for theappellantandlearned counsel for the respondents. 6. Learned counsel for the appellant would contend that, since the complainant is a Private Limited company, which is an incorporeal body, only an employee or CRL.A NO. 1029 OF 2008 5 2024:KER:82742 representativeofthecompanycanpreferthecomplaint.The company becomes a de jure complainant and its employee or other representative representing the company in the criminalproceedingsbecomesthedefactocomplainant.Ina complaint, with regard to dishonour of a cheque issued in favour of a company, for the purpose of Section 142 of the NI Act, the company will be the complainant, and for the purpose of Section 200 of the Criminal Procedure Code, its employee,whorepresentsthecompany,willbethedefacto complainant. A company can be represented by an employee, or even by a non-employee authorised and empowered, to represent the company by a resolution or a power of attorney. 7. According to the appellant, Ext.P8 extract of the resolution empowered PW1-Sri.A.T.K.Ajayan, who was the Assistant Manager ofthecompany,tofilethecomplaintand to give evidence. Ext.P8 is the extract from the minutes,of the proceedings of the Board of Directors meeting, held on 14.09.2000, at its corporate office at Chennai, which CRL.A NO. 1029 OF 2008 6 2024:KER:82742 authorisedtheAssistantManagerSri.A.T.K.Ajayan,todothe following acts: '( 1) Toinstitute,commence,prosecute,carryonor defend any suit or legal proceeding, (2)Tosignandverifyallplaints,writtenstatements and other pleadings, applications, affidavits, petitions or documents and produce them before any Court, (3) To appoint, engage and instruct any solicitor, Advocate or Advocates to act and plead and other wise conduct the case on behalf of the Company and to sign any Vakalathnama or other authority in this regard, (4) To give evidence on behalf of the Company in any Court of law, and (5) To do all other lawful acts,deedsandthingsin connectionwithfilingofanysuitandconducting anylegalproceedingsinanycourtoflawandto withdraw the case on behalf of the Company.' CRL.A NO. 1029 OF 2008 7 2024:KER:82742 8. Learned counsel for respondents 1 and 2 would contendthat,Ext.P8extractoftheminutesisnotadmissible in evidence and the minutes has to beprovedbyproducing theoriginal.HewouldrelyonadecisionoftheHighCourtof Judicature at Bombay in Ashish C. Shah v. M/s. Sheth DevelopersPvt.Ltd.&Othersreportedin[CDJ2011BHC 339:2011 KHC 6506], to say that, Section 194 of the Companies Act provides that, the minutes of meetings kept in accordance with the provisions of Section 193, shall be evidence of the proceedings recorded therein. No provision intheCompaniesActwasbroughttothenoticeofthatcourt which provides that, certifiedcopyorextractoftheminutes would be admissible in evidence, without proof of the original. Section 65(f) of the Evidence Act provides that, secondary evidence may be given, of the existence, conditionandcontentsofthedocument,whentheoriginalis the document, of which a certified copy is permitted bythe Evidence Act or by any other law in force in India, to be given in evidence. He would rely on another decisionofthe CRL.A NO. 1029 OF 2008 8 2024:KER:82742 Delhi High Court in Escorts Ltd. v.SaiAutosandOthers [1991 Company Cases Volume 72 Page 483] to say that, copy of resolution was not enough and the original of the minutes book, containing the resolution reliedon,hastobe brought to the court. 9. Section 119 of the Companies Act, 2013 which correspondstoSection196oftheCompaniesAct,1956says that,thebookscontainingtheminutesoftheproceedingsof any generalmeetingofacompanyorofaresolutionpassed by postal ballot shall be kept at the registered office of the company,anditshallbeopenforinspectionbyanymember during business hours and if any member make a request, for a copy of the minutes,itshallbefurnishedwithinseven days, onpaymentofprescribedfees.So,Section119ofthe Companies Act provides for copy of the minutes, and moreover, learned counsel for the appellant would saythat, copy of every resolution shall be sent to the Registrar for recording the same within 30 days of passing the same. Moreover, as per Section 54 of the Companies Act, 1956, a CRL.A NO. 1029 OF 2008 9 2024:KER:82742 document which requires authentication by a company may be signed by adirector,themanager,thesecretaryorother authorisedofficerofthecompany,andneednotbeunderits common seal. So, accordingtotheappellant,Ext.P8extract oftheminutes,whichcontainstheresolutionauthorisingthe Assistant Manager to file criminal or civil cases or to give evidenceetc.,signedbythedirectorofSreeGokulamChit& Finance Co.(P)Ltd.,wassufficientauthorityforPW1,tofile the complaint and to give evidence, on behalf of the company. 10. Learned counsel for the respondents would point outthat,Ext.P8wasnotproducedalongwiththecomplaint, and it was produced subsequently after questioning the accusedunderSection313ofCr.P.C.Relyingonthedecision M. M. T. C. Ltd. v. Medchil Chemicals And Pharma (P) Ltd. [2002 KHC 241], learned counsel for the appellant contended that, even if there was no authority initially, still thecompanycanrectifythatdefect,atanystage.Inpara12 of that judgment, we read thus: CRL.A NO. 1029 OF 2008 10 2024:KER:82742 "It has been held that if a complaint is madeinthe name of an incorporeal person (like a company or corporation) it is necessary that a natural person representssuchjuristicpersoninthecourt.Itisheld that the court looks upon the natural person to be the complainant for all practical purposes. It is held that when the complainant is a body corporate it is the de jure complainant, and it must necessarily associate a human being as defactocomplainantto represent the former in court proceedings. It has further been held thatnoMagistrateshallinsistthat theparticularperson,whosestatementwastakenon oath at the first instance, alone can continue to represent the company till the end of the proceedings. It has been held that there may be occasions when different persons can represent the company. It has been held that it is open to the de jure complainant companytoseekpermissionofthe court for sending any other person to represent the company in the court. Thus, even presuming, that initially there was no authority, still the company can, at any stage, rectify that defect. At a subsequent stage the company can send a person who is competent to represent the company. The complaintscouldthusnothavebeenquashedonthis ground." 11. In the decision, Bhupesh Rathod v. Dayashankar Prasad Chaurasia and Another[2 021 (6) CRL.A NO. 1029 OF 2008 11 2024:KER:82742 KHC 368], Hon'ble Apex Court held that, even if there was no authority initially, the company can at any stage rectify that defect by sending a competent person. In that case, copy of the board resolution was filed along with the complaint. An affidavit was brought on record by the company, affirming the factum of authorisation in favour of the Managing Director. Hon'ble Apex Court accepted the copy of board resolution, to find thattheManagingDirector was authorised to file complaint in the Court and to attend all such affairs which maybeneededintheprocessoflegal actions. Paragraphs 23 and 24 of that judgment read thus: "2 3. It is also relevant to note that a copy of the Board Resolutionwasfiledalongwiththecomplaint.Anaffidavit had been brought on record in the Trial Court by the Company, affirming to the factum of authorisation in favouroftheManagingDirector.AManageroraManaging Directorordinarilybytheverynomenclaturecanbetaken tobethepersonin-chargeoftheaffairsCompanyforits day - to - daymanagementandwithintheactivitywould certainlybecallingtheactofapproachingtheCourteither under civil law or criminal law for setting the trial in motion (Credential Finance Ltd. v. State of Maharashtra, 1998(3)MahL J805).Itwouldbetootechnicalaviewto take to defeat the complaint merely because the bodyof CRL.A NO. 1029 OF 2008 12 2024:KER:82742 the complaint does not elaborate upon the authorisation. The artificial person being the Company had to act through a person / official, which logically would include the Chairman or ManagingDirector.Onlytheexistenceof authorisation could be verified. 24.Whileweturntotheauthorisationinthepresentcase, itwasacopyand,thus,doesnothavetobesignedbythe BoardMembers,asthatwouldformapartoftheminutes of the Board meeting and not a true copy of the authorisation. We also feel that it has been wrongly concludedthattheManagingDirectorwasnotauthorised. If we peruse the authorisation in the form of a certified copyoftheResolution,itstatesthatlegalactionhastobe taken against the respondent for dishonour of cheques issued by him to discharge his liabilitiestotheCompany. To this effect, Mr. Bhupesh Rathod / Sashikant Ganekar were authorised to appoint advocates, issue notices through advocate, file complaint, verifications on oath, appointConstituentattorneytofilecomplaintintheCourt and attend all such affairs which may be needed in the process of legal actions. What more could be said?" 12. Obviously Hon'bleApexCourtacceptedcopyofthe resolutiontofindthefactumofauthorisationinfavourofthe Managing Director. 13.Inthecaseonhand,PW1-AssistantManagerofthe complainant-companyfiledthecomplaintandgaveevidence CRL.A NO. 1029 OF 2008 13 2024:KER:82742 on behalf of the company. Ext.P8 extract of the minutes shows that, the board of directors authorised him to do so. Thefactthatonlyextractoftheminutesbookwasproduced, without producing the original, or that Ext.P8 wasproduced at a belated stage, etc., will not take away that right from him. So, he could have filed the complaint and given evidence also on behalf of the company, on the strength of the resolution by the boardofdirectors,anextractofwhich was produced as Ext.P8. 14.Learnedcounselfortherespondentswouldcontend that, Ext.P9 power of attorney was not executed or authenticated by theNotaryPublicandso,itcouldnothave been accepted to draw power for PW1, tofilethecomplaint or to give evidence. According to him, the two ingredients contained in Section 85 of the Evidence Act viz. execution before the Notary Public and the authentication by the Notary Public are very essential. The words 'executed before', and 'authenticated by', are the two conditionstobe satisfied in order to attract the presumption under Section CRL.A NO. 1029 OF 2008 14 2024:KER:82742 85 of the Evidence Act.HewouldrelyonthedecisionBank of India v. M/s. Allibhoy Mohammed and Others reported in [AIR 2008 BOMBAY 81], to support his argument.Inparagraph 18 of that judgment, we read thus: "18. Let me turn to the Legal Provisions; namely, Section 85 of the Evidence Act which lays down that the Court shall presume due execution and authentication of power of attorney when executed before, and authenticated by a Notary Public, or any Court, Judge, Magistrate, Indian Counsel or it's Vice Counsel or representative of theCentralGovernment, etc. This presumption is available in favour of the originalPowerofAttorneyholderprovidedmandateof Section 85 is duly followed." 15. In the case on hand, though the original power of attorneyisproducedandmarkedasExt.P9,itdoesnotshow that it was executed by the complainant in presence of the Notary Public, and there is no authentication by the Notary Public, that it was executed before her. So, there is some forceintheargumentputforwardbylearnedcounselforthe respondents, that Ext.P9 power of attorney cannot be accepted,forwantofproperexecutionandauthenticationas CRL.A NO. 1029 OF 2008 15 2024:KER:82742 envisaged under Section 85 of the Evidence Act. 16. Learned counsel for the appellant would submit that,evenifthepowerofattorneyisignored,thenalso,the complaint is filed by an officer of the company and he was authorised as per board resolution dated 14.09.2000, the extract of which was marked as Ext.P8. So, this Court is of the view that, though Ext.P9 power of attorney was not liable to be accepted, being the officer of the company, authorised by board resolution dated 14.09.2000, PW1 was empowered to file the complaint and to give evidence. 17.Learnedcounselfortheappellantwouldsaythat,if the accused was disputing the authority of the complainant tofilethecomplaintortogiveevidence,itwasopenforhim to dispute andestablishthesameduringthecourseoftrial. Hon'ble Apex Court in TRL Krosaki Refractories Ltd. (M/s.) v. M/s. SMS Asia Pvt. Ltd. and Another [2022 (2) KHC 157:2022 (1) KLT OnLine 1043 (SC)] made that position clear, by holding that, when thecomplainant/payee is a company, an authorized employee can represent the CRL.A NO. 1029 OF 2008 16 2024:KER:82742 company. Such averment and prima facie material is sufficient for the learned Magistrate to take cognizance and to issue process. If at all there is any serious dispute with regard to the person prosecuting the complaint not being authorized, or if it is to bedemonstratedthatapersonwho filed the complaint has noknowledgeofthetransactionand assuchthatpersoncouldnothaveinstitutedandprosecuted the complaint, it would be open for the accused to dispute thepositionandestablishthesameduringthecourseofthe trial. 18. Though the respondents were disputing the authority of PW1, vide Ext.P8 extract of the resolution as wellasExt.P9powerofattorney,theydidnottakeanysteps to establish that position, during trial.So,thefindingofthe trialcourt,thatPW1wasnotauthorizedtofilethecomplaint and to give evidence on the basis of Ext.P8 extract of the resolution, is liable to be set aside. 19.Comingtothefactsofthecase,learnedcounselfor theappellantwouldsubmitthat,therespondentssubscribed CRL.A NO. 1029 OF 2008 17 2024:KER:82742 seven kuries of Rs.5,00,000/- each, with the appellant company, andtheyauctionedthatkurion14.02.1997.They defaulted payment of future instalments, and towards discharge of that liability, the 1st respondent issued Ext.P2 cheque dated 14.12.2001 for an amount of Rs.2,13,000/-. When that cheque was presented before Bank, it was returned dishonoured for the reason 'A/c transferred to suit file. No balance.' The respondents are not disputing the signatureinExt.P2chequeortheissuanceofthatchequeto the appellant. All statutory formalities to bring home an offence punishable under Section 138 of the NI Act was complied with. Moreover, the presumptions available under Sections 118 and 139 of the NI Act will come to the aid of the appellant to show that, Ext.P2 cheque was issued towards discharge of a legally enforceable debt. So, according totheappellant,learnedtrialcourtwentwrongin acquitting the accused. 20. The respondents would contend that, when they auctioned the kuri with the appellant, as a security for the CRL.A NO. 1029 OF 2008 18 2024:KER:82742 balance instalments, Ext.P2 cheque was given as a blank signed cheque, and even after they paid the future instalments fully, and closed the kuri, the blank cheque entrustedwiththeappellantwasnotreturned. Onlytosee, whether they could extract some more money from the respondents, they filed a false complaint, misusing that blank cheque. 21.RelyingonthedecisionoftheHon'bleApexCourtin Bir Singh v. Mukesh Kumar[(2019) 4 SCC 197], learned counsel for the appellant would argue that, even a blank cheque leaf, voluntary signed and handed over by the accused, which is towards some payment, would attract presumptionunderSection139oftheNIAct,intheabsence of any cogent evidence to show that the cheque was not issued in discharge of a debt. Paragraphs 33 to 36 of that judgment read thus: "33. A meaningful reading of the provisions of the Negotiable Instruments Act including, in particular, Sections 20, 87 and 139, makes it amply clear that a person who signs a cheque and makes it over to the payeeremainsliableunlessheadducesevidencetorebut CRL.A NO. 1029 OF 2008 19 2024:KER:82742 the presumption that the cheque had been issued for payment of a debt or in discharge of a liability. It is immaterial that the cheque may have been filled in by any person other than the drawer, if the cheque is duly signed by the drawer. If the cheque is otherwise valid, the penal provisions of Section 138 would be attracted. 34.Ifasignedblankchequeisvoluntarilypresentedtoa payee,towardssomepayment,thepayeemayfillupthe amount and other particulars. This in itself would not invalidate the cheque. The onus would still be on the accusedtoprovethatthechequewasnotindischargeof a debt or liability by adducing evidence. 35.Itisnotthecaseoftherespondent-accusedthathe either signed the cheque or parted with it under any threat or coercion. Nor isitthecaseoftherespondent- accused thattheunfilledsignedchequehadbeenstolen. The existence of a fiduciary relationship between the payeeofachequeanditsdrawer,wouldnotdisentitlethe payee to the benefit of the presumption under Section 139oftheNegotiableInstrumentsAct,intheabsenceof evidence of exercise of undue influence or coercion.The second question is also answered in the negative. 36. Even a blank cheque leaf, voluntarily signed and handed over by the accused, which is towards some payment, would attract presumption under Section 139 of the NegotiableInstrumentsAct,intheabsenceofany cogent evidence to showthatthechequewasnotissued in discharge of a debt." CRL.A NO. 1029 OF 2008 20 2024:KER:82742 22. The respondents are not disputing issuance of Ext.P2chequetotheappellant,thoughaccordingtothem,it wasissuedasablanksignedcheque.Theyarenotdisputing the fact that they auctioned the kuri which they subscribed with the appellant and future instalments were to be paid, evenafterauctioningthekuri.Obviously,Ext.P2chequewas issuednotunderanythreatorcoercion,andevenaccording totherespondents,itwasissuedasasecurityforthefuture instalmentstobepaidinthekuri,whichtheyhadauctioned. In Moideen v. Johny [2006 KHC 1055], this Court held that, even if a blank cheque was issued as a security, the person in possession of the blank cheque, can enter the amount of the liability and present it to the bank. When a blank cheque is issued by one to another, it gives an authority on the person, to whom itisissued,tofillitupat the appropriate stage, with the necessaryentitiesregarding the liability, and to present it to the bank. In the event of dishonour of that cheque, the accused cannot be absolved from his liability. CRL.A NO. 1029 OF 2008 21 2024:KER:82742 23.Anothercontentiontakenupbylearnedcounselfor the respondents is that, the appellant did not produce the account books of the chitty to show that Rs.2,13,000/-was due from them. Learned counsel for the appellant would submit that, production of account books etc. may be relevant in a civil court, but as far as a criminalcaseunder Section138oftheNIActisconcerned,thereispresumption in favour of the holder of the cheque, and so the burden is upon the respondentstorebutthatpresumption.Shewould rely on a decision of the Hon'ble Apex CourtinChandelD. K.v.M/s.WockhardtLtd.andAnother[2020KHC6204] which says that production of the account books/cash book may be relevant in a civil court; but may not be so, in the criminal case filed under Section 138 of NI Act, because of the presumption raised in favour of the holder of the cheque. 24. The respondents are not disputing the fact that they had subscribed kuries with the appellant company. Ext.D1 passbook shows that the kuri commenced on 12.11.1996, and it was terminated on 12.11.1998. In the CRL.A NO. 1029 OF 2008 22 2024:KER:82742 first page of that passbook, a 'PAID' seal is found with the date14.02.1997.Accordingtotheappellant,itwasthedate onwhichthatkuriwasauctionedbytherespondents. Inthe 10th page of that passbook,thereisanendorsementinred ink, as 'c losed 14.12.1998'. So according to the respondents, the endorsement 'c losed 14.12.1998' andthe 'PAID' seal on the first pageofthepassbook,willshowthat he had paid the entire amount due under that kuri and so, no amount was due, so as to issue Ext.P2 cheque. 25. Learned counsel for the appellant would contend that,ifthekuriwasclosedon14.12.1998,thepassbookwill show the seal 'c losed', just like the 'PAID' seal in the first page. Since the kuri was auctioned by the respondents, definitely there would have been future instalments, to be paid monthly, till the termination of that kuri. When the respondents are alleging discharge of the entire kuri instalments duetotheappellant,itistheirburden,toprove itwithcogentevidence.Theycouldhaveverywellcalledfor the Registers pertaining to the kuri to show that the entire CRL.A NO. 1029 OF 2008 23 2024:KER:82742 amount has been paid by them. Learned counsel for the appellant would say that, since Ext.D1 passbook was in the custody of the respondents, they themselves might have made the red ink entry 'c losed 14.12.1998'. Since Ext.D1 passbook was with the respondents, the manipulation as alleged by the appellant cannot be ruled out. Learned trial court seems to have been carried away by the 'PAID' seal seen on the first page of Ext.D1 passbook to find that, the entire dues of the kuri was paid off by the respondents. Obviously, that 'PAID' seal was regarding payment by the company, when the kuri was auctioned by the respondents. 26.Learnedcounselfortherespondentswouldcontend that, on receipt of Ext.P5 lawyer notice, they sent Ext.D2 reply notice disowning theliabilityanddisputingissuanceof the cheque. But the appellant produced Ext.P10 notice sent by the respondents on receipt of Ext.P5 notice. In Ext.P10 notice, it was stated that the respondents were facing financial difficulties and they were making every effort to raise funds to settle the account. But, learned counsel for CRL.A NO. 1029 OF 2008 24 2024:KER:82742 the respondents would say that, they never sent Ext.P10 replynoticetotheappellant.ButExt.P10(a)postalcoverwill show that, it was sent by the respondents to Adv.Sri.K.S.Babu, who sent Ext.P5 notice. Ext.D2 notice as well as Ext.P10noticeareonthesamedayi.e.10.01.2002. But Ext.D2 was addressed to the appellant directly. The postalreceiptoracknowledgementcardofExt.D2noticewas not produced by the respondents. Since Ext.P5 notice was sent by an advocate, normally the reply also should have been given to that advocate. Ext.P10 notice along with Ext.P10(a) cover seem to be more reliable. On going through Ext.P10 notice, it could be seen that, the respondents were admitting their liability to certain extent, towards the balance amount due on prized chits. 27.Advertingtotheaforesaidfactsandcircumstances, this Court is of the view that, the trial court went wrong in acquitting the accused. So,theimpugnedjudgmentisliable to be set aside. There is evidence to show that Ext.P2 cheque was issued towards discharge of a legally CRL.A NO. 1029 OF 2008 25 2024:KER:82742 enforceable debt, and that cheque was dishonoured for the reason'A/ctransferredtosuitfile.Nobalance.'Theappellant had complied with all the statutory formalities in order to attract an offence punishable under Section 138 of the NI Act.ThecomplainantwasauthorizedasperExt.P8extractof the resolution, to file the complaint and to give evidence. The respondents failed to rebut the presumptions available in favour of the appellant, under Sections 118 and 139 of the NI Act. So, respondents 1 and 2 are found guiltyunder Section 138 of the NI Act. 28. As per Section 141 of the NI Act, if the person committing an offence under Section 138 is a company, every person who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. Section 141(2) of the NI Act reads thus: CRL.A NO. 1029 OF 2008 26 2024:KER:82742 "141. Offences by companies. -- (1) xxx xxx xxx (2)Notwithstandinganythingcontainedinsub-section(1), where any offence under thisAct,hasbeencommittedby a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation: For the purposes, of this section,-- (a) "company"meansanybodycorporateandincludesa firm or other association of individuals; and (b) "director", in relation to a firm, means a partner in the firm." 29. In the case on hand, the 2nd respondent is a partnership firm and the 1st res Full Article
bala B.Vijaya @ Vijayalakshmi vs R.Balakrishnan on 7 November, 2017 By indiankanoon.org Published On :: R.SAKTHIVEL, J. These Civil Miscellaneous Appeal and Cross Objection are at the instance of the petitioner / appellant and the respondent respectively. In both the cases, challenge is to the Judgment and Decree dated November 7, https://www.mhc.tn.gov.in/judis Page No.2 of 24 CMA NO.3541 OF 2017 & CROSS OBJ. NO.51 OF 2019 2017 passed by the ‘Principal Family Court, Coimbatore’ ['Family Court' for short], in H.M.O.P.No.1445 of 2015. This Common Judgment will govern both of them. Full Article
bala M.V.Balaji vs The District Collector on 27 September, 2024 By indiankanoon.org Published On :: This writ petition has been filed challenging the order passed by the second respondent dated 10.10.2023, thereby partly allowed the complaint filed by the fifth respondent and ordered to pay a sum of Rs.25,000/- per month, in favour of the fifth respondent. 2. The petitioner is the son of the fifth respondent and the respondents 6 & 7 are the daughters of the fifth respondent. The fifth respondent got married one Kala and gave birth to the petitioner and the https://www.mhc.tn.gov.in/judis respondents 6 & 7 herein. The property ad measuring 493 sq.ft., situated at Door No.7/1, 9th lane, Narayan nayakkan Street, Pudupet, Chennai, was settled in favour of the fifth respondent by his father. It consists ground floor plus 2 floors. In the ground floor, there is an yarn company and employees are staying in the said premises. The fifth respondent's wife owned property at Chintadripet, in which the petitioner is receiving the rent of Rs.25,00,000/- per month. The petitioner is doing his business in the Chintadripet house. Full Article
bala L. Balaji vs State Of Odisha .... Opp. Party on 8 November, 2024 By indiankanoon.org Published On :: arrangement (video conferencing/physical mode). Heard learned counsel for the petitioners and learned counsel for the State. This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Marine P.S. Case No.13 of 2020 corresponding to G.R. Case No.245 of 2020 pending in the Court of learned S.D.J.M., Chhatrapur for alleged commission of offences under sections 147/148/ 353/341/323/324/291/336/307/427/506/ 149 of the I.P.C. and section 3 of Epidemic Diseases Act, 1897. Learned counsel for the petitioners submitted that the petitioners were granted anticipatory bail by this Court in ABLAPL No.11824 of 2020 as per order dated 05.11.2020 and at that time, the investigation was under progress but in the meantime, charge sheet has already been submitted and in view of the decision rendered by the Hon'ble Supreme Court in the case of Sushila Aggarwal -Vrs.- State (NCT of Delhi) reported in AIR 2020 Supreme Court 831, the petitioners may be permitted to surrender in the Court below and move an application for bail and provisions laid down therein may be considered by the learned Court below while adjudicating the bail application. Full Article
bala For Clues to the Stock Market Selloff, Look to the Fed’s Balance Sheet By Published On :: Thu, 27 Jan 2022 16:21:29 GMT The stock market entered correction territory as investors reevaluate the market’s value after the Federal Reserve signaled plans to raise interest rates. WSJ’s Dion Rabouin explains. Illustration: David Fang Full Article
bala Democrats’ Tax Plan a Balancing Act Between Moderates, Progressives By Published On :: Wed, 22 Sep 2021 10:30:00 GMT The Democrats’ plan to pay for President Biden’s $3.5 trillion Build Back Better initiative will need to strike the right balance to appeal to progressives without alienating moderates. WSJ’s Gerald F. Seib discusses with tax policy reporter Richard Rubin. Photo illustration: Todd Johnson Full Article
bala PF Balance: ಎಸ್ಎಂಎಸ್ ,ಮಿಸ್ಡ್ ಕಾಲ್ ಮೂಲಕ ಪಿಎಫ್ ಬ್ಯಾಲೆನ್ಸ್ ಪರಿಶೀಲಿಸಿ, ಇನ್ನು ಹಲವು ಮಾಹಿತಿ ಇಲ್ಲಿವೆ By kannada.goodreturns.in Published On :: Fri, 20 Sep 2024 20:00:17 +0530 ನವದೆಹಲಿ, ಸೆಪ್ಟೆಂಬರ್ 20: ನೀವು ಉದ್ಯೋಗಿಗಳ ಭವಿಷ್ಯ ನಿಧಿ (ಇಪಿಎಫ್) ಚಂದಾದಾರರಾಗಿದ್ದರೆ, ನೀವು ಈಗ ನಿಮ್ಮ ಪಾಸ್ಬುಕ್ ಅನ್ನು ಸುಲಭವಾಗಿ ಪರಿಶೀಲಿಸಬಹುದು ಅಥವಾ ಆನ್ಲೈನ್ನಲ್ಲಿ ಖಾತೆಯ ಸ್ಥಿತಿಯನ್ನು ಕ್ಲೈಮ್ ಮಾಡಬಹುದು. ಪ್ರತಿಯೊಂದು ಇಪಿಎಫ್ ಖಾತೆಯು ವಿಶಿಷ್ಟವಾದ ಪಾಸ್ಬುಕ್ ಅನ್ನು ಹೊಂದಿರುತ್ತದೆ. ನಿಮ್ಮ EPF ಪಾಸ್ಬುಕ್ ಅನ್ನು PDF ಫಾರ್ಮ್ಯಾಟ್ನಲ್ಲಿ ಪರಿಶೀಲಿಸಲು ಮತ್ತು ಡೌನ್ಲೋಡ್ ಮಾಡಲು ಆನ್ಲೈನ್ನಲ್ಲಿ ಲಭ್ಯವಿದೆ. Full Article
bala Bank Balance: बटन वाले फोन के बिना भी पता चल जाएगा बैंक अकाउंट बैलेंस, एक मिनट का लगेगा समय, देखें डिटेल By hindi.goodreturns.in Published On :: Thu, 17 Oct 2024 14:13:16 +0530 How to Check Bank Balance Without Account Number: आजकल स्मार्टफोन के जरिए कोई भी काम आसानी से हो जाता है. आज हर काम घर बैठे आसानी से हो जाते हैं. आप स्मार्टफोन के जरिए बड़ी आसानी से नेट बैंकिंग या यूपीआई Full Article
bala Nalambalam yatra: నాలాంబల యాత్ర: విశిష్టత, చరిత్ర, పురాణం By telugu.boldsky.com Published On :: Mon, 25 Jul 2022 12:19:49 +0530 Nalambalam yatra: హిందువులకు శ్రీరాముడు ఎంతో ప్రీతిపాత్రమైన దేవుడు. ఆయన నామం దివ్యమైనది. ఆయనను స్మరించుకుంటూ జీవితాంతం గడిపే వారు చాలా మంది. ఆయన నడియాడిన ప్రాంతాలను దర్శించుకుని తరిస్తాం. పితృ వ్యాఖ్య పరిపాలకుడు అని రాముడిని తలుస్తారు. తండ్రి మాటను కాదనని శ్రీరాములవారు భార్య సీతాదేవి, సోదరడు లక్ష్మణుడితో కలిసి అయోధ్యను వదిలి అరణ్యవాసం చేశారు. Full Article
bala Deep eutectic solvents on a tightrope: balancing the entropy and enthalpy of mixing By pubs.rsc.org Published On :: Faraday Discuss., 2024, 253,273-288DOI: 10.1039/D4FD00048J, PaperAdriaan van den Bruinhorst, Chiara Corsini, Guillaume Depraetère, Nithavong Cam, Agílio Pádua, Margarida Costa GomesWe quantified the balance between excess enthalpy (interactions) and excess entropy (structure/disorder) of mixing that determines large melting point depressions in deep eutectic solvents (DESs), reformulating the role of hydrogen bonding in DESs.The content of this RSS Feed (c) The Royal Society of Chemistry Full Article
bala Striking the right balance of encoding electron correlation in the Hamiltonian and the wavefunction ansatz By pubs.rsc.org Published On :: Faraday Discuss., 2024, 254,359-381DOI: 10.1039/D4FD00060A, Paper Open Access This article is licensed under a Creative Commons Attribution-NonCommercial 3.0 Unported Licence.Kalman Szenes, Maximilian Mörchen, Paul Fischill, Markus ReiherWe present a discussion of explicit correlation approaches which address the nagging problem of dealing with static and dynamic electron correlation in multi-configurational active-space approaches.The content of this RSS Feed (c) The Royal Society of Chemistry Full Article
bala Beckett and media [Electronic book] / ed. by Mark Nixon, Philipp Schweighauser, Balazs Rapcsak. By encore.st-andrews.ac.uk Published On :: Manchester : Manchester University Press, [2022] Full Article
bala Balancing the self : Medicine, politics and the regulation of health in the twentieth century [Electronic book] / ed. by Mark Jackson, Martin D. Moore. By encore.st-andrews.ac.uk Published On :: Manchester : Manchester University Press, [2020] Full Article
bala Shooting short-wavelength nonlinear optical materials with targeted balance performances in hydroxyborates through first-principles high-throughput screening By pubs.rsc.org Published On :: Inorg. Chem. Front., 2024, 11,7843-7852DOI: 10.1039/D4QI02234C, Research ArticleChenxu Li, Abudukadi Tudi, Huanhuan Cheng, Qingyu Liu, Zhihua Yang, Shilie PanHigh-throughput screening of 222 hydroxyborates identified three as promising short-wavelength ultraviolet nonlinear optical. with phase-matching second harmonic generation capacity extending to the solar blind region (200–280 nm).The content of this RSS Feed (c) The Royal Society of Chemistry Full Article
bala Nickel-catalyzed γ-alkylation of cyclopropyl ketones with unactivated primary alkyl chlorides: balancing reactivity and selectivity via halide exchange By pubs.rsc.org Published On :: RSC Adv., 2024, 14,12883-12887DOI: 10.1039/D4RA02616K, Paper Open Access This article is licensed under a Creative Commons Attribution-NonCommercial 3.0 Unported Licence.Zheng-Ying Wang, Shi-Zheng Liu, Cong Guo, Yi-Zheng Cheng, Qiang Li, Jianmin Dou, Dacheng LiNickel-catalyzed cross-electrophile coupling of cyclopropyl ketones and alkyl chlorides. High reactivity and selectivity can be achieved with sodium iodide as a cocatalyst that generates a low concentration of alkyl iodide via halide exchange.The content of this RSS Feed (c) The Royal Society of Chemistry Full Article
bala KBC finale: When Vidya Balan impressed Amitabh Bachchan By www.rediff.com Published On :: Wed, 08 Nov 2017 13:01:30 +0530 A lot of laughs, a lot of tears and, of course, a lot of questions end Kaun Banega Crorepati 9. Full Article KBC Amitabh Bachchan Vidya Balan Kaun Banega Crorepati Yuvraj Singh Boston Iska
bala An ultra-sensitive ammonia sensor based on a quartz crystal microbalance using nanofibers overlaid with carboxylic group-functionalized MWCNTs By pubs.rsc.org Published On :: Analyst, 2024, 149,5191-5205DOI: 10.1039/D4AN01061B, PaperAhmad Hasan As'ari, Rizky Aflaha, Laila Katriani, Ahmad Kusumaatmaja, Iman Santoso, Rike Yudianti, Kuwat TriyanaUtilizing the specific interaction between carboxylic groups and ammonia gas has led to the development of an ultra-sensitive ammonia sensor based on a quartz crystal microbalance using nanofibers overlaid with carboxylic group-functionalized MWCNTs.The content of this RSS Feed (c) The Royal Society of Chemistry Full Article
bala From balanced meal bowls to DIY kits for parties, these Chennai brands are putting a spin on eating healthy By www.thehindu.com Published On :: Wed, 06 Nov 2024 17:12:37 +0530 Full Article Features
bala Centre weighs new WFH rules for SEZs to balance needs of units, developers By www.thehindubusinessline.com Published On :: Mon, 28 Nov 2022 20:22:17 +0530 IT firms units want WHF for more employees for a longer period, developers are concerned about losing customers for office space Full Article Economy
bala India-Russia trade target of $100 bn realistic but urgent need for balance: Jaishankar By www.thehindubusinessline.com Published On :: Mon, 11 Nov 2024 13:27:01 +0530 Russia’s First Deputy PM Denis Manturov begins two-day India visit, attends India-Russia Business Forum Full Article Economy
