Showing : 241-250 of 535 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Five cheques - One notice - Amount of each cheque mentioned specifically and separately - Notice in respect of one cheque not valid - Does not make the entire notice invalid...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Failure of drawer to reply - It is one of the strong circumstances to draw an inference that the accused borrowed the amount and the cheque was issued towards payment of the legally enforceable debt...........
BOMBAY HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Incorrect cheque number and date of presentation - Notice is not vitiated - The requirement of the provision of S.138 Proviso (2) is that notice should be in writing and there should be demand of cheque amount - In the instant case name of bank and cheque amount..........
GUJARAT HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 258-- Dishonour of cheque - Discharge of accused - Summons case - Complaint under S.138 of N.I. Act filed by private party - Accused raised defence at pre trial stage - Considering the defence Magistrate ordered stoppage of proceedings and issued show cause notice to complainant to pay compensation for..........
KERALA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Sent as per registered post at correct address - Received back `unclaimed' - Evidence of Postman that he gave intimation to addressee but inspite of intimation addressee did not receive the notice - Accused did not adduce any evidence to rebut presumption available u/s 114 Evidence Act -..........
BOMBAY HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Part payment made after issuance of cheque - Cheque dishonoured - Notice of demand issued pointing out all the details of the liability and the balance amount claimed - Question as to whether demand notice is illegal - Held No - Notice is perfectly legal - If inspite of part payment made if the..........
KARNATAKA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Sent as per registered post and UCP (Under Certificate of posting) - Notice sent as per registered post returned unserved - UCP did not return - Pleading in complaint viz. 'Hence, it is presumed that U.C.P. has been received by the accused' - Held, it is sufficient to hold that..........
ALLAHABAD HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Sent as per registered post at correct address - Received back with postal endorsement `Receiver could not be found despite several visits' - Accused cannot be discharged on the ground that there is no valid notice as contemplated by provision of S.138(b) of the Act as it is only at the..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27-- Notice - Sent as per registered post at a correct address - Notice received back with postal endorsement `Not available' - Accused not stating that notice was sent to a wrong address or that he has not managed to return the notice or that he was out of station during that period - Held, it is due..........
DELHI HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Not in conformity with the requirement of S.138 of the Act - Not a valid notice for the purpose of putting into motion the process of law under the Negotiable Instruments Act...........

Showing : 241-250 of 535 Results