Showing : 821-830 of 3855 Results

DELHI HIGH COURT
Year of decision: 0000
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Condonation of delay - In the matter of condoning delay in issuing demand notice beyond statutory period neither S.473 Cr.P.C nor S.5 of Limitation Act would apply nor such a delay can be legally condoned which is something beyond the powers of Court...........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, 139, 141-- Dishonour of cheque - Company - Directors - Quashing of complaint - Intimation of notice given by postal department as notice was not claimed - Notice returned with postal endorsement `not claimed' - Averment in complaint that all the applicants are equally responsible for the offence committed by..........
DELHI HIGH COURT
Year of decision: 0000
Details
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Complaint filed by company through its authorised representative - Board resolution authorising representative, not filed alongwith complaint - Application for placing Board Resolution on record - Court committed error by denying application for placing Board..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Notice - Complaint silent about service of notice - There is presumption of service of notice when it is sent to correct address by registered post - Held, it is not necessary to aver in complaint that in spite of return of notice unserved, it is deemed to have been served or..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Service of demand notice - Quashing of complaint - Validity - High Court quashed complaint on the ground that there was no proof either that notice was served or it was returned unserved/unclaimed - Held, service of notice is a matter of evidence and proof and it would be..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Time barred debt - Proceedings cannot be quashed on the ground that cheque issued was qua time barred debt - Debt whether was time barred or not can be decided only after evidence is adduced as it is a mixed question of law and fact - Order quashing proceedings set aside...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Time barred debt - Proceedings cannot be quashed on the ground that cheque issued was qua time barred debt - Debt whether was time barred or not can be decided only after evidence is adduced as it is a mixed question of law and fact - Order quashing proceedings set aside...........
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..........
KERALA HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Mediation - Court can allow reasonable time to parties to fulfill terms of agreement in order to promote settlement arrived at in mediation and if parties willing to abide by condition then Court can wait for that much time provided in mediation agreement i.e. up to 6 months..........

Showing : 821-830 of 3855 Results