Showing : 301-310 of 535 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Registered notice received back with endorsement 'Left without information' - It means the accused avoided service - There is presumption of service of notice...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Proceedings sought to be quashed for non receipt of notice - Question whether notice has been served or not is to be decided on the basis of evidence led during trial and not at the stage of filing of complaint - Proceedings cannot be quashed on the ground of..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Negotiable Instruments Act, 1881, Section 138-- 'Holder in due course'- Bank purchasing cheque from payee - Payee however not indorsed the cheque in favour of Bank - Bank is neither the payee nor holder in due course - S.138 Negotiable Instruments Act is not applicable when notice issued by Bank is neither by the payee nor by holder in due..........
KERALA HIGH COURT
Year of decision: 2003
Details
Negotiable Instruments Act, 1881, Section 138-- Payments made before the presentation of cheque and before receipt of notice - Nothing precludes a Court from taking into account prior payments made before the presentation of the cheque or before the receipt of notice in deciding whether the amount due under the cheque has been paid...........
KERALA HIGH COURT
Year of decision: 2003
Details
Negotiable Instruments Act, 1881, Section 138-- Part payment made - Part payment remained unpaid even after expiry of 15 days from the date of receipt of notice - Accused has committed the offence u/s 138 NI Act...........
KARNATAKA HIGH COURT
Year of decision: 2003
Details
Negotiable Instruments Act, 1881, Section 138-- Cause of action - Accrues on expiry of 15 days - 15 Days period starts to run on the day notice is received - Cause of action accrues on the following day on which period of 15 days expires...........
KARNATAKA HIGH COURT
Year of decision: 2003
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Slight variation between amount of cheque amount and that mentioned in notice - Does not invalidate notice - Notice is to be construed, not with a view to find fault with it, but is to be construed with view to give effect to it...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Complaint - Sought to be quashed on the ground that no notice was issued - Petitioner to lead evidence in the trial Court to prove this fact - No case for exercising inherent power is made out - Petition dismissed...........
ORISSA HIGH COURT
Year of decision: 2003
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Sent deliberately at wrong address - Complaint filed before expiry of 15 days of issuance of notice - Order of taking cognizance quashed...........
KERALA HIGH COURT
Year of decision: 2003
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Drawee informing accused of dishonour of cheque - This cannot be construed as demand notice in writing as required under S.138 of Negotiable Instruments Act...........

Showing : 301-310 of 535 Results