Showing : 61-70 of 647 Results

MADRAS HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Offence u/s 138 of the Act - It is civil liability dressed in criminal colour...........
MADRAS HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Act does not define word `Dishonour' - However, title of S.138 of the Act lists insufficiency of funds one of the situations that could contribute to dishonour of cheque - Every debt or liability upon which cheque is issued is not enforceable under the Act...........
MADRAS HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 118-- Dishonour of cheque - Complaint u/s 138 of the Act - Presumption - Strict liability - Can be enforced only when cheque is issued in discharge of any legally enforceable debt or other liability partly or wholly - Onus lies on complainant to establish that cheque was signed by drawer in discharge of..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Object - To inculcate faith in efficacy of banking operations and creditability in transacting `Business on Negotiable Instruments' - Moreover, dishonour of cheque is regulatory offence/civil liability which is created to serve public in ensuring reliability of instrument...........
MADRAS HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint u/s 138 of the Act - Legally enforceable debt - When complainant discharges his burden that cheque issued by accused towards discharge of legally enforceable whole or part of debt or liability, then only accused will be called upon to answer his case - However,..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 139, 141, 118(a)-- Dishonour of cheque - Complaint u/s 138 of the Act - Offence by company - Blank cheque - As per accused, he signed blank cheques by way of security - As per complainant, cheques issued towards payment of outstanding dues - Onus lies on complainant to prove that amount quantified in cheque is..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Offence u/s 138 of the Act though technical, is punitive in nature - Once accused rebuts initial presumption it is imperative upon complainant to prove beyond reasonable doubt that cheques issued towards existing debt or liability - In the instant case, complainant failed to..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Offence by company - Vicarious liability - It is necessary for Courts to ensure strict compliance of statutory requirements as well as settled principles of law before making a person vicariously liable...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Offence by company - Vicarious liability - For making a Director of a company liable for offences committed by Company, there must be specific averments against Director showing as to how and in what manner Director was responsible for conduct of business of company...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Offence by company - Vicarious liability - Erstwhile Director of company - Cheques in question neither issued by accused/Director nor he was involved in the day to day affair of company - Name of accused not shown as involved in the working of company - Accused resigned even..........

Showing : 61-70 of 647 Results