Showing : 1461-1470 of 5963 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 195-- Prosecution for giving false evidence - Perjury - Sessions Judge had neither recorded his opinion that it was expedient in the interest of justice that an enquiry should be held against appellants for offences mentioned in S.195(1)(b) of the Code nor any written complaint was made - Held, no..........
MADRAS HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Dishonour of cheque - Delay - Condonation - Court is required to see while allowing an application u/s 142 of the Act whether there exists a sufficient cause for condonation of delay in filing the complaint or not...........
MADRAS HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Dishonour of cheque - Delay - Condonation - 30 days delay in filing complaint - Delay on account of counsel was admitted in the hospital - Delay properly explained and sufficient cause shown for condoning delay...........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 142(b)-- Dishonour of cheque - Complaint - Limitation - Non-delivery of AD - Complainant has proved that Registered Post A.D. notice was issued on 18.05.2009 - Complaint was made by complainant regarding no, delivery of acknowledgment card and it was only on 30.06.2009 that he was informed by postal..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 142(b), Goa Money Lenders Act, 2001, Section 2(1)-- Dishonour of cheque - Complaint - - Money lending - In pursuance of MOU entered into between parties, complainant advanced Rs.5 Lakhs to accused for his business - Accused agreed to repay amount with interest at 30 % per month- Complainant's case is that since accused did not pay any amount, he..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 203-- Dismissal of complaint - Ground of lack of jurisdiction - Validity - Magistrate simply took note of investigation but failed to consider contents of said report while dismissing complaint on ground of lack of jurisdiction - Held, as per S.203 of the Code, Magistrate is required to consider result..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 203-- Complaint without prior sanction - Dismissal of - Validity - Allegations against public servant are of forging and creating false and bogus certificate in order to get admission in Ayurvedic College - Dismissal of complaint on ground that no prior sanction was obtained - Held, it is settled law..........
DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint - Delay of 12 days in filing - Application for condonation - Rejection of - Validity - Held, quantum of delay is not important - What is important is explanation - Petitioner/complainant has not been straight forward in giving correct reasons for delay in filing..........
KERALA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Complaint - Quashing of - Held, proviso (b) S.138 of N.I. Act stipulates notice regarding dishonour of cheque and demanding discharge alone - There is no statutory mandate that notice shall narrate nature of liability - Therefore, omission or error in notice regarding..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Dishonour of Cheque - Conditions precedent to file complaint - Held, the presentation, dishonour of the cheque & no, payment of amount despite receipt of notice within a statutory period etc. are the conditions precedent for institution of a criminal complaint in writing by the payee - Only when..........

Showing : 1461-1470 of 5963 Results