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Results of evidence act s 138

Showing : 391-400 of 885 Results

BOMBAY HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Legally enforceable debt - Complainant alleged that accused purchased cement bags from him and cheque issued for payment of price of same was dishonoured - Complainant failed to adduce any evidence regarding sale of cement bags as averred in complaint - Suppression of material facts by..........

BOMBAY HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 65 -- Dishonour of cheque - Secondary evidence - Grant of permission - Validity - Application preferred by complainant u/s.65 of Evidence Act not supported by affidavit - It did not give full particulars and was under signature of a counsel appearing for complainant - Contention on behalf of..........

MADRAS HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Cheque was returned by bank stating that "Property not properly marked" since cheque in dispute contains signature of A1 as proprietor of A2 company and only if he had delivered cheque in his individual name, it could have been honoured - As per expert opinion, it is not possible..........

MADRAS HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Petitioner filed a statement of accounts in order to prove that he did not have any money transactions with any of proxies of accused - Handwriting and ink in which name is written differs from handwriting and ink in which amount had been written in words and numbers -..........

ORISSA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 401 -- Dishonour of Cheque - Conviction - Validity - Cheque issued by petitioner to opposite party for discharging liability was returned by Bank with remarks "stop payment" - Contention of petitioner that she is neither concerned with any business of her husband nor has accepted any..........

MADRAS HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Propriety - Allegation that cheque issued by accused/respondent towards repayment of loan dishonoured - Failure of complainant/appellant to produce income tax returns containing loan transaction - Held, as per settled position of law, when income tax assessee fails to produce income tax..........

UTTARAKHAND HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204(2) -- Dishonour of cheque - Issuance of summoning order - Validity - Plea that Magistrate did not comply with provision of S.204(2) of Cr.P.C. before issuing summoning order - Held, said provision does not create a bar while passing order for summoning accused - It creates a bar only..........

DELHI HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Plea of accused/petitioner that amount had already been paid to complainant/respondent and nothing was due and that blank cheque was given as security at the time of disbursement of loan - ASJ categorically recorded that petitioner having failed to produce any evidence that he..........

DELHI HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Complainant/petitioner failed to disclose material particulars about alleged loan of Rs.2,45,000/- given to respondents/accused - He categorically stated that he could not state specific amount, month or year of amounts paid to accused persons - There was evidence on record to..........

DELHI HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Comparison of signatures by an expert - In the case of denial of signature by the drawer of a cheque, the best witness would be the concerned Bank Manager and not a handwriting expert...........

Showing : 391-400 of 885 Results