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Results of 138 ni act

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SUPREME COURT OF INDIA

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Standard of proof for rebuttal of presumption u/s 139 of the Act is that of preponderance of probabilities - If accused is able to raise a probable defence which creates doubts about the existence of a legally enforceable debt or liability, the prosecution can fail...........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - To rebut the presumption u/s 139 of the Act accused can rely on the materials submitted by the complainant in order to raise such a defence...........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 147, 138 -- Dishonour of cheque - Compounding of offence can be even at the appellate stage - Compounding of offence at a late stage is a strain on the judicial system - Free and easy compounding of offences at any stage gives an incentive to the drawer of the cheque to delay settling the cases for years - Guidelines for 'Graded..........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - With respect to the offence of dishonour of cheques, it is the compensatory aspect of the remedy which should be given priority over the punitive aspect...........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Multiple complaints relatable to the same transaction - It is mandatory for the complainant to disclose that no other complaint has been filed in any other court in respect of the same transaction - Such a disclosure should be made in a sworn affidavit which should accompany the complaint - If it is..........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 147, 138, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compounding of offence - Compounding of offence under Negotiable Instruments Act is controlled by S.147 of NI Act and scheme contemplated by S.320 Cr.P.C. is not applicable as it is meant for specified offence under the Indian Penal Code...........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 147, 138 -- Dishonour of cheque - Compounding of offence - Provision of S.147 of the Act does not bar the parties from compounding an offence u/s 138 of the Act even at the appellate stage of the proceedings...........

MADRAS HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Liability of Directors, officials or partners - Held, in respect of Director, partner or official who signed the cheque, it is not mandatory to aver that he was in charge and responsible to the company for conduct or business of the company - He becomes automatically liable and for such..........

MADRAS HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Company - Quashing of complaint on the ground that mandate of S.141 of the Act not complied with - Held, while deciding a petition u/s 482 of the Code, Court cannot insist the complainant to produce documents to substantiate his case - Being the..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Police complaint - Giving a complaint to the police and registering a case for the offence u/s 138 of the Act is not contemplated under the Act...........

Showing : 531-540 of 2901 Results