Showing : 101-110 of 543 Results

JAMMU AND KASHMIR HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Demand of Rs.90, 000/- whereas cheque amount was Rs.60, 000/- - Demand was not of cheque amount - Demand not made in terms of mandate of Act - Notice drafted by the Advocate - But Advocate not examined as witness to prove the contents of the said notice - Held,..........
GAUHATI HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Jurisdiction - Offence contemplated u/s 138 consist of 5 components i.e. drawing of the cheque, presentation of cheque to the bank, returning the cheque unpaid by the drawee bank, Notice in writing to the drawer of the cheque demanding payment of the cheque amount and failure..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - 30 days - Use of words in the provision is `within' and not `from' - Intimation from bank received on 3.12.2003 and notice issued on 2.1.2004 - Held, notice was issued on 31st day and not within 30 days from the date of receipt of intimation from bank - Complaint not..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonor of cheque - Notice - Received back with endorsement of refusal - Held, presumption of valid service of notice can be raised even when a notice is received back with an endorsement that the party has refused to accept it...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonor of cheque - Insufficient funds - Two notices issued - Limitation starts to run from the date of receipt of former notice by the drawer and not from subsequent date of receipt of later notice by him...........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Demand of payment - Period of fifteen days was made into thirty days by amendment w.e.f. 6.2.2003 - Amendment is prospective in nature and not retrospective in nature - Demand of payment not made within 15 days of the receipt of information from Bank (Cheque unpaid..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - In order to bring application of Section 138 the complaint must show: (1) That Cheque was issued; (2) The same was presented; (3) It was dishonored on presentation; (4) A notice in terms of the provisions was served on the person sought to be made liable; (5) Despite service..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Served upon wife of drawer - Not sufficient - Order of conviction set aside...........
CALCUTTA HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Within 15 days of the receipt of notice' means 15 days from the date of knowledge of the sender about the receipt of the notice - A.D. not received - Postal department informed that notice is delivered - Relevant date for the purpose of knowledge of receipt of notice..........
CALCUTTA HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Sent on 2.3.2000 - A.D. not received - Postal departmental vide its letter dated 7.6.2000 informed the sender that notice was delivered on 11.3.2000 - Complaint filed on 6.7.2000 - Held, for accrual of cause of action it is knowledge of the sender about the date of..........

Showing : 101-110 of 543 Results