Showing : 361-370 of 543 Results

KARNATAKA HIGH COURT
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Demand not only of cheque amount but also of other amounts and interest - Notice is not invalid for inclusion of such amounts in demand, if amounts are indicated separately - If accused has paid amount of only dishonoured cheque, he is deemed to have complied with notice...........
BOMBAY HIGH COURT
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - No form is prescribed of the notice - The essential elements of the notice are (1) it has to be in writing, (2) it has to be given within 15 days of receipt of information regarding return of cheque unpaid and (3) demand for payment of the amount of the cheque has to be made in the..........
KERALA HIGH COURT
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138-- `Cheque reported stolen' - Cheque dishonoured with this endorsement - It shows intention of drawer that he wanted to stop payment - Offence u/s 138 is made out - Merely because drawer issued a notice to the drawee or to the Bank for stoppage of payment, it will not preclude an action under Section..........
ORISSA HIGH COURT
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Quashing of cognizance sought on the ground that no notice was served - Materials available not sufficient to prove the plea - In absence of evidence, it is difficult to take a decision as to whether the petitioner avoided to receive the notice or not, or as to whether the..........
GUJARAT HIGH COURT
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Period of 15 days envisaged in S.138 (c) - Begins to run on the day next to the day on which the service of notice has been effected...........
ALLAHABAD HIGH COURT
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138-- `Cause of action' - Cheque presented a number of times and dishonoured - Held, cause of action arises only when notice under S.138 is served upon drawer...........
ALLAHABAD HIGH COURT
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138-- Rs.550/- costs of notice claimed besides cheque amount - Amount of cheque clearly mentioned - Notice not invalid - Drawer could pay the amount of cheque only...........
KARNATAKA HIGH COURT
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Demand is to be of cheque amount - Where in addition to payment of cheque amount drawee has also demanded payment of balance of principal amount of loan and up-to-date interest and the amounts are severable, notice cannot be held invalid...........
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..........

Showing : 361-370 of 543 Results