Showing : 21-30 of 49 Results

SUPREME COURT OF INDIA
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27-- Dishonour of cheque - Notice - Sent by registered post at correct address - Notice if received back with postal endorsement that premises is found locked or the addressee is not available then notice is deemed to be served on the addressee unless addressee proves that he had no knowledge that..........
MADRAS HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Received back unserved with endorsement 'addressee long absent and return to sender' - Order taking cognizance not liable to be quashed - However, the allegation that accused refused to receive notice even after due information given by postal authorities are matters..........
GUJARAT HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Court to carry out proper verification before issuing process - Verifications required are : (1) Verification of a complaint on oath which should be in a proper manner i.e. all the facts necessary to constitute the offence must be borne out from the verification; (2) If..........
DELHI HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Received back unclaimed - In case of unclaimed notice the deemed service of notice is to be reckoned from the date of postal endorsement and not from the date the undelivered notice is received back by the sender...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Non availability of addressee - There is no rule of universal application that in all case where notice is not served on account of non availability of the addresse, the court must presume service of notice - It depends upon facts of each case - If complainant is able to prove that drawer..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Notice - Complaint cannot be quashed at the threshold on the ground of non service of notice with postal endorsement of 'refusal' or 'unclaimed' or 'not found' - This matter is to be decided after recording evidence - Complainant can prove that drawer of cheque knew about..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Received back with postal endorsement 'Not claimed' - It means that accused was in the knowledge that a notice is sent and he intentionally avoided to receive the same - Presumption is that notice was served...........
ALLAHABAD HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Sent as per registered post at correct address - Received back with postal endorsement `Receiver could not be found despite several visits' - Accused cannot be discharged on the ground that there is no valid notice as contemplated by provision of S.138(b) of the Act as it is only at the..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Received back with postal endorsement that addressee was not available - Burden is on complainant to prove that accused managed to get incorrect postal endorsement made...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27-- Notice - Sent as per registered post at a correct address - Notice received back with postal endorsement `Not available' - Accused not stating that notice was sent to a wrong address or that he has not managed to return the notice or that he was out of station during that period - Held, it is due..........

Showing : 21-30 of 49 Results