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Results of 138 liability

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DELHI HIGH COURT

Year of decision: 2002
Details

Negotiable Instruments Act, 1881, Section 138,139 -- Dishonour of cheque - Criminal complaint - Quashing of complaint - Plea that there is no legally enforceable debt or liability against the accused - The question cannot be resolved by considering mere claim made by the petitioner - It needed evidence for resolution - The complaint cannot be quashed on the bare allegation..........

SUPREME COURT OF INDIA

Year of decision: 2002
Details

Negotiable Instruments Act, 1881, Section 138 -- Cheque issued by guarantor to discharge liability of principal debtor - Cheque dishonoured - Complaint u/s 138 is maintainable against guarantor...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2002
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205,251 -- Criminal - Offence by company - Dishonour of cheque - Dispensing with personal attendance of accused - Company represented by its Chairman - Personal presence of the Chairman of the company can always be dispensed with, since there is no personal liability, and no action is..........

DELHI HIGH COURT

Year of decision: 2002
Details

Negotiable Instruments Act, 1881, Section 138 -- 'Debt or liability' - Presumption under S.139 is in favour of payee - Pleading to this effect is not required - Burden of proving that there was no existing debt or liability is on the respondent...........

RAJASTHAN HIGH COURT

Year of decision: 2002
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Partnership firm - Dissolution - One partner issued cheque to the other towards his liability - Presumption is that cheque was for the discharge, in whole or in part, of any debt or other liability...........

DELHI HIGH COURT

Year of decision: 2002
Details

Negotiable Instruments Act, 1881, Section 138 -- 'Debt or liability' - Specific averment in complaint is not required - Burden of proving that there was no existing debt or liability would be on the drawer of cheque...........

KERALA HIGH COURT

Year of decision: 2002
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Debt or liability - Accused took 150 grams of gold from complainant which he did not return - On pressure of police accused issued cheque towards payment of price of gold - Presumption of discharging of liability stands rebutted - Transaction with regard to gold is of civil nature - Police had no..........

RAJASTHAN HIGH COURT

Year of decision: 2002
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre-mature complaint - It can await maturity or be returned to the complaint for filing later and its mere presentation at an early date need not necessarily render the complaint liable to be dismissed or confer any right upon the accused to absolve himself from the criminal liability for the offence..........

SUPREME COURT OF INDIA

Year of decision: 2002
Details

Negotiable Instruments Act, 1881, Section 138 -- Cheque dishonoured - Time barred debt - Loan taken four years prior to date of issue of cheque - Sessions Court & High Court quashed the proceedings as cheque was for a time barred debt - Respondent in his balance sheet had shown the amount of loan advanced by appellant as deposit from friends - At this stage of the..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2002
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Vicarious liability - Accused opened account on behalf of Company and issued cheque - It shows that accused is prima facie responsible for the liability - Complaint cannot be quashed on the ground that there is no averment in the complaint that accused was incharge and responsible to the company...........

Showing : 631-640 of 731 Results