Showing : 531-540 of 2838 Results

ALLAHABAD HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Self drawn cheque - Word `bearer' not deleted - Complainant in possession of cheque is obviously the holder of the cheque in due course - Complainant is entitled to initiate the proceedings - No illegality in summoning order...........
MADHYA PRADESH HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 4-- Promissory note - Essential ingredients are : (i) An unconditional undertaking to pay; (ii) The sum should be a sum of money and should be certain; (iii) The payment should be to the order of a person who is certain, or to the bearer of the instrument; and (iv) The maker should sign it - If these..........
MADHYA PRADESH HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 4, Stamp Act, 1899, Section 2(5), 2(22)-- Promissory note and bond - Distinction - There are three distinguishing features, viz. (i) If money payable under the instrument is not certain, it cannot be a promissory note, although it can be a bond; (ii) If the instrument is not attested by a witness, it cannot be a bond, although it may be a..........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Demand of payment within 8 days - Law does not prescribe any period within which payment has to be made - Held, mentioning a period lesser than 15 days in the notice of demand does not affect the complainant's right to launch prosecution if the complainant has waited..........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - It is not necessary to mention any period in the notice within which the payment of cheque is necessary...........
GAUHATI HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonor of cheque - `Stop payment' - Sufficient funds in account of drawer - Payment of cheque was conditional - Drawer stopped payment when complainant failed to fulfill condition regarding delivery of possession of land - Cheque was not dishonoured for insufficient funds or exceeding..........
RAJASTHAN HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque amount paid before filing of complaint - Plea that payment not made within the stipulated period in notice - Legal liability ceased to exist - No useful purpose would be served in allowing the compliant to proceed any further - Complaint quashed...........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Sufficient details of cheque not given - Notice is invalid - Any proceedings in pursuance thereof is illegal and is liable to be set aside...........
DELHI HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Issuance of post dated cheque against purchase of goods - Accused asked the complainant to take back goods as he was closing business - Held, issuance of cheque was towards legally enforceable debt - Stopping payment after receiving goods does not exonerate accused of his..........
DELHI HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Filing of civil suit - Not a bar for prosecution of criminal offence committed u/s 138 of the Act...........

Showing : 531-540 of 2838 Results