LawMirror.com

Results of 138 liability

Showing : 81-90 of 743 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Plea that cheque was issued as security - Onus is on accused to establish that cheque issued was as security but the same was not done - Presumption is in favour of complainant that it was on account of discharge of financial liability - Though such presumption is rebuttable, but..........

RAJASTHAN HIGH COURT

Year of decision: 2018
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company or firm not impleaded as accused - Cheque was given by accused to complainant for covering its personal liability - Commercial institution/establishment as such not required to be impleaded as a party/accused in complaint...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legal debt or liability - Cheques issued as security for procuring job - Though an illegal act on behalf of accused but it has some bearing with regard to the fact that cheques were not issued in discharge of any legal debt or liability - Complainant could not rebut the reasonable defence taken up by..........

BOMBAY HIGH COURT

Year of decision: 2018
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - If signatures on cheque is admitted, statutory presumption u/s 139 of the Act stands activated and accused is obligated to rebut the presumption before burden of proving existence of debt or liability shifts to complainant - However, accused need not adduce direct evidence..........

BOMBAY HIGH COURT

Year of decision: 2018
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Complainant contended that cheque issued for purchase of food article chilly - However, no evidence produce on record by complainant pertaining to purchase of said food article - Statutory presumption is duly rebutted, as defence is more than amply probablised on touchstone..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued in favour of an advocate by his client/accused towards his fee - Cheque dishonoured - Mere issuance of cheque by client may not debar him from contesting liability, if liability is disputed - Advocate has to independently prove the contract...........

KERALA HIGH COURT

Year of decision: 2017
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 257 -- Dishonour of cheque - Withdrawal of complaint - Compromise - Complainant received full cheque amount from accused in full and final settlement of all liability in relation to dishonoured cheque in question - Stand taken by trial Court in refusing to give permission to complainant..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Business transaction - Accused had no transaction with complainant firm - In fact, accused was having business dealing with proprietor concern of son of complainant - Neither complainant pleaded in his complaint that accused issued cheque in discharge of liability of third person with proprietor concern..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Vicarious liability - Complaint u/s 138 of the Act - Offence by company - Delay of 3 years in filing of complaint - Cheque was signed and issued by Director of company - No explanation for delay in filing of complaint u/s 138 of the Act - Complaint dismissed...........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Vicarious liability - Complaint u/s 138 of the Act - Offence by company - Every person signing cheque on behalf of company on whose account cheque is drawn - Does not become drawer of cheque - Moreover, such signatory is only a person duly authorised to sign cheque on behalf of company/drawer..........

Showing : 81-90 of 743 Results