Showing : 4201-4210 of 6216 Results

KARNATAKA HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Dishonour of cheque - Complaint - Delay - Cannot be condoned without notice to accused...........
KARNATAKA HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Delay of 3 days in filing complaint- Condonation - Delay can be condoned only on issuance of notice to accused...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Criminal Procedure Code, 1973, Section 154, 156, 190, 200, 202-- FIR lodged - Inspite of that police not taking action - Remedies available - In that event complaint is to be filed - Magistrate then to enquire into the complaint - In case a prima facie case is made out then to take cognizance and issue process or direct police to investigate and submit report -..........
BOMBAY HIGH COURT
Year of decision: 2006
Details
Criminal Procedure Code, 1973, Section 482-- Issuing process - Quashing - At this stage not permissible to go into truthfulness or otherwise of the allegations in the complaint - The only scrutiny that is permissible is as to whether after reading the complaint as a whole and taking the averments on its face value and accepting them in..........
DELHI HIGH COURT
Year of decision: 2006
Details
Criminal Procedure Code, 1973, Section 154-- FIR - Complaint/Information disclosing cognizable offence - Police is under statutory duty to register FIR - Police Officer cannot undertake a preliminary inquiry before registration of the case - If complaint is found to be false Police may start proceedings u/s 182 Cr.P.C...........
KERALA HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - In a complaint u/s 138 of the Act, Court has to presume that the cheque had been issued for a debt or liability - The presumption is rebuttable - The burden of proving that the cheque had not been issued in discharge of a debt or liability is on the accused...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Non availability of addressee - There is no rule of universal application that in all case where notice is not served on account of non availability of the addresse, the court must presume service of notice - It depends upon facts of each case - If complainant is able to prove that drawer..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Notice - Complaint cannot be quashed at the threshold on the ground of non service of notice with postal endorsement of 'refusal' or 'unclaimed' or 'not found' - This matter is to be decided after recording evidence - Complainant can prove that drawer of cheque knew about..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Contract Act, 1872, Section 9-- Offer - Acceptance by conduct - Loss of goods in transit - Complaint lodged with Railway - Railway accepted the claim of lesser amount and remitting cheque with stipulation if offer not acceptable cheque be returned forthwith failing which it would be deemed as to acceptance of offer - Cheque..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 320-- Dishonour of cheque - During pendency of proceedings parties compromised - Payment to be made in instalments - Complaint quashed in view of compromise - In case payment not made as agreed and as per schedule then complainant to get revive the complaint...........

Showing : 4201-4210 of 6216 Results