Showing : 2981-2990 of 4974 Results

SUPREME COURT OF INDIA
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Service of notice - Thirty days time ordinarily must be held to be sufficient for service of notice...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Dishonour of cheque - Complaint - Delay - Condonation - Insertion of proviso to S.142(b) in 2002 confers a jurisdiction upon the Court to condone the delay - However, insertion of the proviso is not retrospective in nature...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - A civil suit for recovery of money as well as a complaint u/s 138 of the Act is maintainable...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420-- Dishonour of cheque - Post dated cheque - To constitute offence u/s 420 IPC fraudulent or dishonest inducement on the part of the accused must be at the inception and not at a subsequent stage - When the post dated cheques were issued the accounts were operative - Even assuming that the account..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357-- Dishonour of cheque - Compensation - Awarded and paid - A duty is cast upon civil courts to take into account the sum paid or recovered as compensation - Superior Courts can take into consideration such payments received even after passing of decree by trial Court...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint - Amendment - Court has no jurisdiction to allow the amendment of the complaint petition at a later stage...........
KERALA HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 142, 145-- Dishonour of cheque - Issue of process - Postponement of - Non-obstante clauses in Ss.142 & 145 - Effect thereof - Held, no, obstante clauses in Ss.142 & 145 cannot in any way directly control amended provisions of S.202 though spirit of expedition which must be there in disposal of prosecutions..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Partnership firm - Prosecution of a partner of a firm - Partner alleged to be active in the business of the firm - It cannot be said that ingredients of S.141 of the Act are lacking - Such partner can prove at trial that he was not responsible for conduct of business of the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Partnership firm - Sleeping partner - No averment in complaint that petitioner is responsible for the conduct of business of the firm - Petitioner not signatory of cheque - Non compliance of S.141 of the Act - Compliant, summoning order and subsequent proceeds qua the..........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Legally enforceable debt - Argument made on behalf of complainant, to the effect that cheque of Rs.8 lakhs was given as a one time settlement and that it was a settlement for amount of principal due along with interest - There would be no acknowledgment in so far as interest..........

Showing : 2981-2990 of 4974 Results