Showing : 361-370 of 535 Results

KARNATAKA HIGH COURT
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Separate demand must be made in respect of each dishonoured cheque, by each of complainants - Common notice combining claims of two complainants is not valid even though complainants are related to each other as husband and wife - Where one combined notice of husband and wife was issued..........
BOMBAY HIGH COURT
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Main factors to maintain a complaint are: (i) The cheque in question should have been issued in discharge of whole or in part of a debt or liability; (ii) The cheque should be presented for payment within six months or its specific period, whichever is earlier; (iii) The..........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Demand of interest, cost. etc. in addition to cheque amount - Notice will not be invalid if break up of the claim i.e. the cheque amount, interest, damages etc. are separately specified - Other such claims for interest, cost etc. would be superfluous and these additional claims would be..........
ORISSA HIGH COURT
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Payee or the holder in due course of the cheque has to give a written notice in a correct address to the drawer of the cheque - Once this legal obligation is discharged, his right to prosecute the offender is not curtailed if the notice validly tendered was not received by the drawer of..........
ORISSA HIGH COURT
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Sent at the correct address - Received back with endorsement 'No such addressee in B.29 Industrial Estate' - This endorsement alleged to be obtained by gaining over the postal peon - In other words correctness of the address on the envelope not disputed - Held, the question of gaining..........
ALLAHABAD HIGH COURT
Year of decision: 1999
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Date of delivery of notice - Not mentioned in complaint - Not a ground for rejection of complaint - It is a question of fact to be decided by trial Court...........
KARNATAKA HIGH COURT
Year of decision: 1999
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Sent at the address given by drawer himself - Notice received back with endorsement 'addressee not found' - Voters list produced by drawer by way of rebuttal evidence to prove that he was not residing at given address but elsewhere during relevant time - But neither the initials of the..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1999
Details
Negotiable Instruments Act, 1881, Section 138-- Promissory note in favour of daughter who authorised father to collected the contents of the promissory note - Notice issued and thereafter accused issued cheques in the name of father for the amount claimed - Cheques bounced on presentation - Complaint - Contention that father is endorsee without..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice issued - Cheque again presented and again dishonoured - Complaint filed - Held, complaint is barred by limitation - Cause of action can arise only once - As the cause of action first arose on failure to make payment when notice was issued for the first dishonour of..........
KERALA HIGH COURT
Year of decision: 1999
Details
Negotiable Instruments Act, 1881, Section 138-- Cause of action - Arises only once - Complaint filed after issuing a second notice and after 45 days of receipt of the first notice by the drawer - Complaint is not maintainable...........

Showing : 361-370 of 535 Results