Showing : 131-140 of 159 Results

KARNATAKA HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Cheque issued against loan - Lending of huge amount of Rs.75, 000/- - Complainant not in a financial position to lend such a huge amount and that too without interest - Failure to prove existence of legally enforceable debt - There is no question of drawing presumption u/s..........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Appeal against acquittal - Legally enforceable debt - Defence of accused is that an agreement has been entered into between himself and complainant for supply of milk and by way of security accused had handed over two blank signed cheques and complainant has misused said..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Ingredients of the provision are : (i) that there is a legally enforceable debt; (ii) that the cheque was drawn from the account of bank for discharge in whole or in part of any debt or other liability which presupposes a legally enforceable debt; and (iii) that the cheque so..........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Legally enforceable debt - Presumption - Rebuttal - Not necessary for accused to produce evidence - Accused can discharge the onus placed on him even on the basis of material brought on record by the complainant...........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Legally enforceable debt - Presumption - Rebuttal - Loan of Rs.25 lacs - Complainant himself was in debt - No evidence produced to prove financial viability of complainant to raise such huge amount - Conviction of accused merely because he admitted his signature on disputed..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Three ingredients of the provision are : (i) that there is a legally enforceable debt; (ii) that the cheque was drawn from the account of bank for discharge in whole or in part of any debt or other liability which pre-supposes a legally enforceable debt; and (iii) that the..........
DELHI HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - `Legally enforceable debt' - Lack of pleading - There is no requirement that the complainant must specifically allege in the complaint that there was a subsisting liability - The burden of proving that there was no existing debt or liability is on the accused which they have..........
BOMBAY HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Issue of process - If complainant makes prima facie averments in complaint such as : (a) Drawing of a cheque in favour of the complainant and the cheque having been signed with a specific amount; (b) Dishonour of cheque and intimation thereto by the concerned bank in writing;..........
BOMBAY HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Existence of a debt or legally enforceable liability - Can only be decided after parties lead evidence - Proceedings cannot be quashed on the ground of non existence of debt or legally enforceable liability...........
KARNATAKA HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Legally enforceable debt or other liability - Refers to enforceability in law of the debt or the liability in question and not to the right of the person enforcing it - If there is no legal impediment for enforceability of a debt or other liability in general, disability of a..........

Showing : 131-140 of 159 Results