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Results of a legally enforceable debt or other liability

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Showing : 61-70 of 156 Results

BOMBAY HIGH COURT

Year of decision: 2015
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Funds insufficient - Legally enforceable debt - Execution of cheques towards liability not denied by accused but he contended that he signed the cheques under coercion and pressure - However, accused did not lodge any police complaint against directors of complainant and others nor he instructed..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Ingredients:-(i) that there is a legally enforceable debt; (ii) that the cheque was drawn from the account of bank of discharge in whole or in part or any debt or other liability which pre-supposes a legally enforceable debt; (iii) that the cheque so issued had been returned due to insufficiency of..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Complainant alleged that accused availed loan from him and agreed to pay the same in monthly installment but the cheque issued for payment is dishonored - Accused took plea that the complainant had got his signatures on the blank cheques and other papers but no loan amount was disbursed to him - Absence..........

BOMBAY HIGH COURT

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Opinion of handwriting expert in respect of certain documents - Accused already paid entire cheque amount and therefore cheque cannot be said to be issued for discharge of any legally enforceable debt or other liability - Complainant had acknowledged receipt of said..........

BOMBAY HIGH COURT

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Company - Complaint by power of attorney holder - PW1 attorney specifically deposed that he could not say as to whether he had shown any liability which was recoverable from accused - Transaction between parties was not proved and therefore legally enforceable debt was also not proved - Moreover,..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 34 -- Dishonour of cheque - Legally enforceable debt - Loan - Bahi entries - Loan for agricultural purposes was allegedly advanced by complainant to accused and it was stated to have been entered in Bahi - Bahi entries are not negotiable instruments of advancement of loan like pronote, bonds and..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Complainant a commission agent advancing loan to a farmer accused - Accused issued a cheque and same dishonoured - It is a matter of very common knowledge that Commission agents use to obtain such blank/undated cheques from farmers as security in good faith, not in lieu of any..........

KARNATAKA HIGH COURT

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Includes the existence of a legally enforceable debt or liability - Presumption is a rebuttable presumption - It is open to accused to raise a defence wherein the existence of a legally enforceable debt or liability can be contested - If accused is able to raise a probable defence,..........

CHHATTISGARH HIGH COURT

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Hire purchase agreement - Post dated cheques issued to repay the loan - Default in repayment of some instalments - Complainant took possession of vehicle and sole the same and realized the sale proceeds - Cheques subsequently put for clearance got dishonoured do not fall within the ambit of legally..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards advance payment - Indicates that at the time of drawal of cheque, there was no existing liability - Offence u/s 138 of the Act is committed only when there is legally enforceable debt or other liability subsisting on the date of drawal of cheque - In other words, drawal of cheque..........

Showing : 61-70 of 156 Results