Showing : 471-480 of 535 Results

KARNATAKA HIGH COURT
Year of decision: 1997
Details
Negotiable Instruments Act, 1881, Section 138-- Cheque dishonoured - Notice given - Payment not made within time - Complaint filed within one month of date on which cause of action arose - Re-presentation of dishonoured cheque during pendency of complaint - Dishonour of cheque again - Does not necessitate issue of another notice to drawer..........
KERALA HIGH COURT
Year of decision: 1996
Details
Negotiable Instruments Act, 1881, Section 138-- Demand must be of the cheque amount - if a bigger amount with interest is claimed in the notice, it is not sufficient notice...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 1996
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Complaint speaking only of issuance of notice - Not specifically pointed out as to when it was received by respondent - Nothing to show even in the statement recorded - Held, complaint does not prima facie disclose the facts so as to constitute the commission of an..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 1996
Details
Negotiable Instruments Act, 1881, Section I38-- Notice - Notice issued but when it was received neither mentioned in complaint nor in statement - Complaint is not maintainable as it does not disclose commission of offence u/s 138 of the Act - Plea that all such questions are to be determined by trial Court, negated - Complaint and summoning..........
SUPREME COURT OF INDIA
Year of decision: 1996
Details
Negotiable Instruments Act, 1881, Section 138-- `Stop payment' - Before encashment notice issued not to present the cheque yet the payee or holder in due course presented the cheque to bank and the same returned on instruction, S. 138 of Negotiable Instruments Act is not attracted...........
DELHI HIGH COURT
Year of decision: 1996
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Demand of payment within 11 days - Drawer had a right to make payment within 15 days - Drawer cannot take advantage of the complainant having restricted the period to 11 days...........
KARNATAKA HIGH COURT
Year of decision: 1996
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - How it matures into offence - Issue of cheque, its dishonour and omission to make payment of the amount despite notice matures into an offence on the sixteenth day after the service of notice and the offence would be continuing so long as the amount remains unpaid...........
KARNATAKA HIGH COURT
Year of decision: 1996
Details
Negotiable Instruments Act, 1881, Section 138-- Repeated representation - It is permitted within six months or within the date of its validity whichever is earlier - Drawee can issue notice on any of the dishonour and on failure of the drawer to make payment can initiate prosecution...........
KERALA HIGH COURT
Year of decision: 1996
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Wrong cheque number - Only single transaction between parties - Mistake in number cannot mislead drawer of cheque and there is sufficient compliance...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1996
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Not served and notice intentionally sent at wrong address - Held, these are matters of evidence - Complaint cannot be quashed...........

Showing : 471-480 of 535 Results