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Results of 138 of n i act notice

Showing : 181-190 of 1052 Results

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Court at place from where notice was issued and response thereto was dispatched and received has no jurisdiction - Issuance of notice has no relevance to the question of criminal territorial jurisdiction - Jurisdiction is with the Court at place where drawee bank is situated and cheque..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Notice - Handwritten note can be said to be a valid notice if it fulfills the mandatory requirements of 138(b) of Act, as Act does not prescribe any specific form of notice...........

MADHYA PRADESH HIGH COURT

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Cause of action for presentation of complaint for offence u/s 138 of the Act arises on expiry of 15 days from date of receipt of notice issued by complainant - Therefore, combined reading of Ss.142 and 138 of the Act discloses that time stipulated for submission of complaint is one month and 15..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Wrong cheque number - May be a typographical error but such typographical error if any, does not meet the compliance of mandatory provision of S.138 of the Act - Only course left for the complainant was to give a fresh legal notice which admittedly was not done - Held, for want of statutory..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Cheque dishonoured at Vellore (Tamil Nadu) where bank on which it was drawn is located - Notice demanding payment sent to accused from Delhi - Issuance of statutory notice cannot constitute a valid ground for conferring jurisdiction upon Delhi court - Complaint transferred to Vellore..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Notice issued at place `G' - Issuance of statutory notice does not confer jurisdiction on Court at place `G' - Cheque issued and dishonoured at place `B' - Offence, if any, was committed only at place `B' - Complaint transferred from place `G' to place `B'...........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Place, situs or venue of judicial inquiry and trial of offence must be restricted to where the drawee bank is located i.e. territorial jurisdiction is restricted to Court within whose local jurisdiction the offence was committed i.e. where cheque is dishonoured by the bank on which it is..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Law as to : (a) An offence u/s 138 of the Act is committed no sooner a cheque drawn by the accused on an account being maintained by him in a bank for discharge of debt/liability is returned unpaid for insufficiency of funds or for the reason that amount exceeds the arrangement made with bank; (b)..........

BOMBAY HIGH COURT

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138, 139, 141 -- Dishonour of cheque - Company - Directors - Quashing of complaint - Intimation of notice given by postal department as notice was not claimed - Notice returned with postal endorsement `not claimed' - Averment in complaint that all the applicants are equally responsible for the offence committed by them and they..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Notice - Complaint silent about service of notice - There is presumption of service of notice when it is sent to correct address by registered post - Held, it is not necessary to aver in..........

Showing : 181-190 of 1052 Results