Showing : 31-40 of 2627 Results

SUPREME COURT OF INDIA
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Company - Prosecution of its Directors - In case of a Director, complaint should specifically spell out how and in what manner the Director was in charge of or was responsible to the Company for conduct of its business and mere bald statement that he or she was in charge of..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Companies Act, 1956, Section 159, 163, 610(3), Evidence Act, 1872, Section 74-- Dishonour of cheque - Company - Prosecution of its Directors - Cheque issued in 2004 - Director resigned in the year 1998 - Certified copy of annual return of company dated 30.9.1999 filed with the Registrar placed on record - Certified copy of annual return is a public document - Held, in a..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Compensation - Courts should, unless there are special circumstances, in all cases of conviction, uniformly exercise the power to levy fine upto twice the cheque amount (keeping in view the cheque amount and the simple interest thereon at 9% per annum as the reasonable..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357-- Dishonour of cheque - Compensation - Can be awarded only when sentence does not include fine but only imprisonment...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 143-- (As amended) - Dishonour of cheque - After insertion of S.143 with effect from 6.2.2003 Magistrate First Class trying an offence u/s 138 of the Act can impose fine exceeding Rs.5, 000/-, the ceiling being twice the amount of cheque...........
KERALA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Amendment of complaint to introduce a plea that fourth accused was incharge and responsible to the company for conduct of its business - Amendment if allowed, will result in substantial change in nature and character of the case causing serious prejudice to the fourth accused..........
DELHI HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420-- Dishonour of cheque - Cheque dishonoured with remark `Drawer's signature different' and `Funds insufficient' - In such a case it hardly matters whether drawer's signatures were different - It may be that petitioner acted dishonestly by camouflaging his signatures to cover real reason - Offence of..........
UTTARAKHAND HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, Section 138, Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Receipt of notice by fax itself is sufficient within the meaning of S.138 of the Act for reckoning the period of limitation...........
UTTARAKHAND HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, Section 138, Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Demand made to make the payment immediately - The word `immediately' covers the period within 15 days - Notice perfectly legal and valid...........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Company - Directors - Merely on the basis of Form No.32 it cannot be concluded that a Director resigned before the cheque in dispute was issued - Resignation of a Director, passing resolution by Company to accept resignation and intimation to Registrar of Companies are the..........

Showing : 31-40 of 2627 Results