Showing : 391-400 of 535 Results

DELHI HIGH COURT
Year of decision: 1999
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Not issued within 15 days - Drawee cannot say that it is not a valid notice - Rather it is for the drawer to say that it is not a valid notice and to get the complaint dismissed on this ground - A drawer can still pay the money as demanded on receipt of the notice served by the holder in..........
DELHI HIGH COURT
Year of decision: 1999
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Issued but not within 15 days - Payment of cheque not made - Complaint not filed - Cheque again presented, dishonoured, notice issued, payment of cheque not made and complaint filed - It is not for the drawee to say that it was not a valid notice, rather it was for the drawer to say that..........
SUPREME COURT OF INDIA
Year of decision: 1999
Details
Negotiable Instruments Act, 1881, Section 138-- Cheque - Dishonoured - Notice - Sent by Fax - It amounts to compliance with the legal requirement - Time limit for filing complaint would start running on the date when the notice sent by Fax reaches the drawer of the cheque...........
ANDHRA PRADESH HIGH COURT
Year of decision: 1999
Details
Negotiable Instruments Act, 1881, Section 138-- Year and month - Be reckoned according to British Calendar - 30 days not to be taken as equivalent to a month - In the instant case notice issued on 30.12.1996 received by petitioners on 31.12.1996 - Notice period of 15 days ends on 15.1.1997 - Period of one month for making complaint starts from..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1999
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Under S.138 of the Act no mode is prescribed for service of notice - It is sufficient that the notice is served on the accused - In the instant case complainant stating that notice sent as per registered post as well as through certificate of posting and notice sent as per certificate of..........
MADRAS HIGH COURT
Year of decision: 1999
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Sole proprietorship concern - Complaint filed against firm instead of proprietor - Sole proprietorship concern is not a judicial person to come under Criminal Prosecution - Receipt of notice by any other person may not be acceptable and valid acknowledgment of notice - Complaint is liable to be..........
DELHI HIGH COURT
Year of decision: 1999
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Sent as per registered post as well as Under Certificate of Posting (UPC) - Registered cover received back without any postal endorsement - Notice sent through UPC not received back - There is presumption of service under S.114 Illustration (b) of Evidence Act unless and until it is..........
DELHI HIGH COURT
Year of decision: 1999
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Partnership firm - Notice sent to partnership firm - Complaint against partnership firm and its two partners - Notice need not to be given to each and every partner - Every person who is incharge of and is responsible to the firm for the conduct of the business of the firm shall be deemed to be..........
CALCUTTA HIGH COURT
Year of decision: 1999
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Cost of notice also demanded - Notice is not valid - Complaint not maintainable - Drawee can make demand of cheque amount only and nothing more - If complaint is filed for any amount other than the cheque amount the case under section 138 of the Act does not lie...........
SUPREME COURT OF INDIA
Year of decision: 1999
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Issued to the Managing Director of the Company who signed the cheques - Held, there was no infirmity in the notice - High Court not justified in quashing the complaint on ground that notice was sent to the Managing Director at his office address since that could not mean that the notice..........

Showing : 391-400 of 535 Results