Showing : 21-30 of 188 Results

RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Legally enforceable debt - Failure to prove as diary wherein entries were made was lost - Trial Court committed no error while acquitting accused - Acquittal upheld...........
DELHI HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Irrespective of complaint proceedings u/s 138 of the Act creditor has right to institute civil suit for recovery of his debt and same is recoverable only if it is a legally enforceable debt or other liability...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Failure to prove that cheque was issued towards a legally enforceable debt - Accused rightly acquitted...........
MADRAS HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque issued towards chit transaction - Parties admitted that cheque was not issued towards any legally enforceable debt - Thus, no offence u/s 138 of the Act is made out - Accused rightly acquitted...........
MADRAS HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 118-- Dishonour of cheque - Complaint u/s 138 of the Act - Presumption - Strict liability - Can be enforced only when cheque is issued in discharge of any legally enforceable debt or other liability partly or wholly - Onus lies on complainant to establish that cheque was signed by drawer in discharge of..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint u/s 138 of the Act - Legally enforceable debt - When complainant discharges his burden that cheque issued by accused towards discharge of legally enforceable whole or part of debt or liability, then only accused will be called upon to answer his case - However,..........
KERALA HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Legally enforceable debt or other liability - Words `for the discharge in whole or in part, of any debt or other liability u/s.138 of the Act, states that cheque must be drawn towards discharge of either whole or in part of any debt or other liability - If amount covered by..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Stamp Act, 1899, Section 33, 35(d)-- Dishonour of cheque - Unstamped document - Impounding - Cheques issued on basis of unregistered and unstamped Memorandum of understanding - Is legally enforceable debt u/s 138 of the Act...........
DELHI HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Legally enforceable debt - Chit fund business - Settlement letter - Letter formation in the signatures quite different from that in the body of the document itself - Moreover complainant did not even aver with regard to the execution of settlement letter - Legal presumption..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Partnership Act, 1932, Section 69-- Dishonour of cheque - Complaint filed by unregistered partnership firm - When there is bar of filing of suit by unregistered firm, bar equally applies to criminal case in view of S.138 Explanation (2) of N.I. Act - Unregistered partnership firm cannot legally enforce debt, thus it is not legally..........

Showing : 21-30 of 188 Results