Showing : 51-60 of 4091 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Rebuttal - Presumption can be rebutted even by evidence led by prosecution - Not necessary for defence to lead evidence to rebut presumption...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Offence by company - Where a cheque issued by a company is dishonoured, it is requirement of the Act that every person who at the time offence was committed was in charge of and was responsible to company for conduct of business of company shall be deemed to be guilty of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Presumption - Rebuttal - Defence of accused that he made payment for the commodities/rice bags but blank cheques were not returned by complainant - Quite unbelievable and unacceptable...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Presumption - Absence of averment in complaint that cheques were issued for the purchase made on credit - However, complainant clearly stated in his evidence that cheques were issued for the commodities purchased on credit - Courts below erred in brushing aside the evidence..........
BOMBAY HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Summoning order - Plea that complaint is filed with malafide intention - Can be decided only during trial after giving opportunity to the parties to lead evidence...........
BOMBAY HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Summoning order - Cheque whether issued to discharge legal liability or complainant used the blank cheque with wrongful intention - It is a matter of evidence which will be adduced during trial...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Offence by company - Petitioner being director of company resigned from company 10 years before issuance of cheques in question - He does not fall within scope of S.141 of the Act - Summoning order along with all subsequent proceedings qua petitioner quashed...........
CALCUTTA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Pre mature complaint - Intention not to make payment when communicated before expiry of 15 days from the date of receipt of notice then not to file complaint before expiry of 15 days becomes redundant...........
CALCUTTA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Debt or liability - Once a cheque is issued, presumption arises u/s 139 of the Act and this presumption is rebuttable - Court has to presume that cheque has been issued for a debt or liability...........
KERALA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 148-- Dishonour of cheque - Appeal against conviction - Order to deposit a minimum of 20% of the fine/compensation - Provision is mandatory and not discretionary - Use of word `may' can only be taken to have the colour and meaning of `shall' and there is no scope for exercise of discretion...........

Showing : 51-60 of 4091 Results