Showing : 231-240 of 874 Results

KERALA HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, Civil Procedure Code, 1908, Section 89, Order 23, Rule 3-- Dishonour of cheque - Agreement entered into between parties in a mediation cannot be termed as evidence in a criminal matter unless it is accepted by parties thereto and terms of such agreement were put into effect by parties...........
KERALA HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, Civil Procedure Code, 1908, Section 89-- Dishonour of cheque - Mediation - If mediation agreement reaches criminal court agreeing to settle issue on certain terms, criminal court cannot rely on that agreement and pass a civil decree - But can only on the basis of evidence either convict or acquit accused and if case is compoundable then..........
KERALA HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, Civil Procedure Code, 1908, Section 89-- Dishonour of cheque - Mediation - Normally, cases u/s 138 of NI Act being a criminal offence, is not referred for mediation - But if parties are interested in referring matter for mediation, that can be only for limited purpose of arriving at amount for which dispute can be settled and also..........
MADRAS HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, 2A-- Interim injunction - Disobedience - Provision of O.39.R.2-A CPC is penal in nature and disobedience mast be proved like a charge in criminal case - Mere allegation of disobedience is not sufficient - Standard of proof required for violation of disregard of an injunction order is that of a criminal..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment - Proposed amendment to incorporate the fact in respect of proceedings u/s 145 Cr.P.C. - Rejected on the ground that criminal proceedings has no relevance in the present dispute - Amendment sought will not cause any prejudice to the plaintiffs - While declining..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 482-- Criminal breach of trust - Cheating - Quashing of complaint - Complaint does not disclose any breach of contract nor intention to cheat - Only sale amount was not paid in part - Offence discloses only a civil liability - Held, no offence u/ss 406 & 420 IPC is made out - Prosecution is wholly..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482-- Cheating - Criminal conspiracy - Quashing of proceedings - Averments in complaint so as to infer fraudulent or dishonest inducement made by accused No.1 and accused No.2 pursuant to which appellant parted with money - It is the case of appellant that Respondent No.2 does not have title over the..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 406, 420, 120B, Criminal Procedure Code, 1973, Section 482-- Criminal Breach of trust & cheating - Quashing of proceedings - No objection certificates and other certificates required for lease were obtained fraudulently and with a criminal intention by petitioners - Petitioners contended that matter is purely of civil nature as allegations were breach of..........
GAUHATI HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Legally enforceable debt or other liability - Debt which cannot be recovered in a civil suit cannot be recovered by way of instituting a criminal case u/s 138 of the Act...........
DELHI HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, , Section 3- - Dishonour of cheque - Money lender - Held, provision of S.3 of Act of 1938 does not debar a money lender from instituting a complaint u/s 138 of NI Act, which is a remedy enforceable before a criminal Court, and totally independent of a civil suit...........

Showing : 231-240 of 874 Results