Showing : 11-20 of 647 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption has to be drawn in favour of holder of cheque, unless otherwise proved - Issuance of cheque and that it pertains to his bank account admitted by accused in his statement u/s 313 Cr.P.C. - Bald plea in defence that cheque was given as security without documentary..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Not replied - It automatically means that accused admitted his liability and he did not chose to contest the legal notice...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Partnership firm - In a partnership firm all the partners are personally liable to discharge liability of the firm in their individual capacity as well as under vicarious liability...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption u/s 139 of the Act - It is rebuttable presumption - However, onus of proving that cheque was not in discharge of any debt or other liability is on the accused drawer of cheque...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Blank cheque - If a signed blank cheque is voluntarily presented to a payee, towards some payment, payee may fill up the amount and other particulars - This in itself does not invalidate the cheque - Onus will still be on accused to prove that cheque was not in discharge of..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Accused accepts his liability arising out of the cheque in question - Accused prayed that his salary be attached and deposited in Court and cheque amount be deducted in pro rata basis - Order accordingly - Trial Court to ensure that for delayed payments complainant is..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Loan - Some amount paid - Cheque issued towards remaining loan amount - Provision of S.138 of the Act is applicable even in a case where cheque is issued for discharge of liability or debt in whole or in part...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Plea of discharging entire liability - No evidence produced in support of such assertion - Accused did not deny her signatures on cheque - Presumption has to be drawn u/s 139 of the Act - Accused convicted...........
BOMBAY HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 3-- Dishonour of cheque - Appeal against acquittal - Appreciation of evidence - Even though complainant adduced sufficient evidence on the point of formation of firm, running business and on the point of dissolution of firm but he falls short in proving the case of settlement of accounts and arrival..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque issued towards share of profit of joint business - No proof of business or accrual of profit - No proof that amount was outstanding towards accused and was a debt or liability - Court not considered defence that cheque was of the year 2005 and was either retained or..........

Showing : 11-20 of 647 Results