Showing : 2631-2640 of 2796 Results

KARNATAKA HIGH COURT
Year of decision: 1994
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Cheque dishonoured for insufficiency of funds - Notice not issued - Cheque presented again - No illegality - Complaint is maintainable...........
KARNATAKA HIGH COURT
Year of decision: 1994
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Dishonour of cheque - Complaint - Date of return of cheque by Bank not mentioned in complaint - Date given in notice which has been exhibited - Held, there is no deficiency in complaint...........
KARNATAKA HIGH COURT
Year of decision: 1994
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Notice Dt.10.6.1992 - On the acknowledgement date mentioned as 13.6 - If the notice is dispatched on 13.6.1992 then it is beyond 15 days of intimation of dishonour - Held, at the stage of deciding whether process is to be issued or not Magistrate is not required to assess the material on record..........
KARNATAKA HIGH COURT
Year of decision: 1994
Details
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 200, 465-- Complainant not examined on oath by Magistrate but allowed the Advocate to examine him - It is violative of S.200 - Defect is, however curable...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1994
Details
Negotiable Instruments Act, 1881, Section 138-- Cheque dishonoured - Notice not issued - Cheque again presented and again dishonoured - Notice issued - Complaint filed on basis of second dishonour - Complaint quashed...........
KARNATAKA HIGH COURT
Year of decision: 1994
Details
Negotiable Instruments Act, 1881, Section 138-- Cheque issued by firm - Persons who are incharge and responsible to the firm for the conduct of business can be prosecuted without the firm itself being prosecuted...........
KARNATAKA HIGH COURT
Year of decision: 1994
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Validity - 7 days time given for payment - Held, notice is not bad as it is not necessary for the payee to specify any time in the notice for making payment...........
KARNATAKA HIGH COURT
Year of decision: 1994
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200-- Dishonour of cheque - Complaint - Cognizance should precede the recording of the sworn statement and if the Magistrate straight away on receipt of the complaint records the sworn statement and thereafter takes cognizance, it contravenes S.200 Cr.P.C...........
BOMBAY HIGH COURT
Year of decision: 1994
Details
Negotiable Instruments Act, 1881, Section 138, 140, Constitution of India, 1950, Article 14-- `Mens rea' is not an essential ingredient for constituting an offence under S.138 - S.140 which excludes the defence that the drawer had no reason to believe that the cheque issued by him may be dishonoured on presentment not unreasonable or violative of article 14 of the Constitution...........
BOMBAY HIGH COURT
Year of decision: 1994
Details
Negotiable Instruments Act, 1881, Section 138, 139, 140, 141, 142-- Constitution of India, Seventh Schedule, Union List, Entries 45, 46 - Words `Banking, Bills of Exchange, Cheques, Promissory Notes and other like instruments' - Occurring in Entries Nos.45 and 46 are couched in widest form and have to be given widest amplitude - Held, Parliament has power and..........

Showing : 2631-2640 of 2796 Results