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DELHI HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138, 141(2) -- Dishonour of Cheque - Offence by company - Complaint filed against Company and three others including petitioner - Petitioner neither signed any cheque nor he was privy to decision to issue cheques - Held, case against petitioner cannot be brought within purview of S.141(2) of the Act...........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proprietorship firm - Complaint is maintainable only when proprietor of the firm proves his nexus or connection with the firm as a proprietor - Mere statement in affidavit in this regard is not sufficient - Proprietor has to produce documentary evidence to connect himself with the firm...........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proprietorship firm - Complaint is maintainable in the name of `payee' a proprietary concern itself or in the name of the proprietor of the concern...........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proprietorship firm - Issue as to ownership of firm - Can be resolved only by having recourse to general law i.e. Companies Act 1956 or by civil law where an individual carries on business in the name or style other than his own name and not by taking recourse to S.142 of the Act...........

RAJASTHAN HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cognizance - Cheque not signed by petitioner - Signatory of cheque not claiming that his signatures have been forged - Signatory admitting his signatures on cheque and that cheque was given by the firm of which he is the proprietor - Vicarious liability of petitioner not alleged in the complaint - Held,..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Purchase of vehicle by taking loan - Default in payment of loan amount - Vehicle seized - One of the partners of the firm gave a loan to repay the loan amount of the company and that accused issued a cheque to discharge his legal liability - No sane person would advance loan to a person who has already..........

DELHI HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Loan agreement executed at Delhi and loan disbursed at Delhi - Cheque issued of a bank located outside Delhi - Cheque presented for encashment in a Bank at Delhi - Demand notice sent from Delhi - Held, Court at Delhi has jurisdiction...........

MADRAS HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Complainant failed to discharge his burden to prove existence of liability - Accused duly discharge his burden that cheque was issued under different circumstances - It is for time barred debt and for more amount than actually due to complainant - Both Courts below have simply..........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Tampered with - Figure `1' added to figure 25, 000 to read it 1, 25, 000 - Suit cannot be decreed merely for the reason that defendant admitted his signatures...........

MADRAS HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Territorial jurisdiction - Statutory notice was given by complainant's counsel from his office at "T" - Held, issuance of notice alone will not give rise to a cause of action to maintain complaint before Judicial Magistrate "T" - Judicial Magistrate "T" does not have territorial jurisdiction to..........

Showing : 351-360 of 3130 Results