Showing : 301-310 of 543 Results

SUPREME COURT OF INDIA
Year of decision: 2003
Details
Negotiable Instruments Act, 1881, Section 138-- Components of offence under S.138 are: (1) drawing of the cheque by a person on an account maintained by him with a banker, for payment to another person from out of that account for discharge in whole/part any debt or liability, (2) presentation of the charge by the payee or the holder in due..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Indication of any other sum other than amount of cheque - Notice is not invalidated...........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Loan from two persons - Consolidated notice - Is valid if it provides sufficient information envisaged by the statutory provision and there is specific demand for the payment of the sum covered by the cheque dishonoured...........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Demand made not of the cheque amount but only the loan amount - Further demands were also made - Demand of cheque amount was conspicuously absent - Notice is invalid not for the reason that further demands were also made but for the reason that it did not specifically contain any demand..........
DELHI HIGH COURT
Year of decision: 2003
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Addressed to correct address but misdescription of address in notice - Benefit of doubt does not go to accused...........
ALLAHABAD HIGH COURT
Year of decision: 2003
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Typographical mistake as to presentation of cheque, date of its dishonour etc. - Held, hyper technical view should not be taken when material is there on record to reveal the substance of the notice - Accused cannot be permitted to take advantage of the typing mistake...........
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...........

Showing : 301-310 of 543 Results