Showing : 211-220 of 543 Results

KERALA HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cause of action - Defective notice - Name of bank incorrectly mentioned - It is a defective notice - Cheque again presented and again dishonoured - Prosecution launched on the basis of dishonour of cheque for the second time - Held, cause of action begins to run not on the..........
DELHI HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Can be served either through Registered Post or through UPC - Notice if dispatched through UPC with correct address of the drawer written on it, presumption of service of notice arises unless the drawer proves that it was not received by him in fact and that he was..........
DELHI HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 200-- Dishonour of cheque - Time barred complaint - Condonation of delay - First notice of application be issued to the other side without taking cognizance of complaint - Application be decided after hearing the parties...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Demand of payment not made in notice - Held, it is not a legal notice strictly in terms of Section 138(b) of the Act...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice issued - Assurance given to present cheque again and that it will be honoured - Tendering of cheque for the second time will not frustrate the cause of action which arose on tendering the cheque for the second time...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Offence when committed - It is not giving of notice which makes offence - It is the receipt of notice by drawer which gives cause of action - Cause of action is complete when drawer fails to make payment within 15 days of receipt of notice - Offence is deemed to have been..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice issued but no complaint filed - Cheque can be presented for the second time and complaint filed on fresh cause of action in case : (i) Envelope addressed to the complainant is lost or damaged or destroyed in transit; (ii) the letter does not reach the respondent for..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice sent - Receipt of notice denied - On the other hand prayer made for dismissal of complaint on plea that complaint is barred by time in view of notice served by complainant - Held, these are inconsistent pleas and are self contradictory and an afterthought which is..........
KERALA HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 114-- Dishonour of cheque - Notice - Notice returned with endorsement that addressee did not claim the notice and the persons in occupation did not receive the intimation and not as 'No such addressee' - Presumption that addressee resides at that address is proper...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138-- Different cheque number - Cheque number different than that reflected in the settlement deed entered into between the partners - Factum of agreement of liability admitted - Number of cheque presented, number of cheque reflected in notice and number of cheque mentioned in complaint same - Drawer of..........

Showing : 211-220 of 543 Results