Showing : 261-270 of 543 Results

ORISSA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200-- Notice - Fact of service of notice mentioned in complaint but not specifically mentioned in statement - Statement not to be read in isolation from the complaint - A conjoin reading of complaint and statement clearly reveal the essential ingredients of the provision...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Has to be given within 15 days of receipt of information from bank - If no notice is given within 15 days, no cause of action arises to file complaint...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint can be filed within one month of service of notice, in case of non payment - One month for filing complaint is to be reckoned from the day immediately following the day on which the period of fifteen days from the date of receipt of notice by the drawer expires...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Cheque can be presented any number of times within its validity but it will not give fresh cause of action every time - Cause of action accrues only when notice is given and drawer fails to make the payment - Cause of action arises only once...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Offence u/s 138 - Facts to be proved are: (a) that the cheque was drawn for payment of an amount of money for discharge of a debt/liability and the cheque was dishonoured; (b) that the cheque was presented within the prescribed period; (c) that the payee made a demand for payment of the money by..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice issued - Drawer sought some time to make the payment - On request of drawer cheque again presented - Cheque again dishonoured - Notice issued and on failure to make the payment complaint filed - Cause of action accrues only once - Complaint on the basis of dishonour of..........
DELHI HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - No form of notice is prescribed in the Act - Form in which notice is to be issued is immaterial...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Limitation - Starts to run from the day immediately following the day on which the period of 15 days from the date of receipt of notice expires - In the instant case notice received on 6.5.2000 and complaint filed on 21.6.2000 - Held, complaint is within time...........
ALLAHABAD HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - `Refusal' - It is sufficient service of notice - 15 days time to make payment starts from the date of endorsement of `Refusal' - If payment is not made within 15 days of endorsement of `Refusal' there remains one month's time for the payee to file the complaint...........
ORISSA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Complaint - Cognizance taken - Plea of accused that he did not receive notice - Court rejected recall petition - On request of complainant Court returned the cheque as complainant pleaded that on verification he ascertained that the accused did not receive the notice personally - Cheque again..........

Showing : 261-270 of 543 Results