Showing : 1641-1650 of 2973 Results

KARNATAKA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 4, 118, Evidence Act, 1872, Section 101-- Promissory note - Containing signature of one witness but his name not mentioned - Said witness not examined - Execution not proved - Merely because the document bears the signatures of executant it does not amount to accepting the liability in view of specific denial of execution of promissory..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Legally enforceable debt - Loan raised by executing promissory note - Subsequently cross cheque issued - Mere non filing of suit for recovery of amount borrowed under promissory note - By itself not a circumstance to conclude that there was no legally enforceable debt...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Failure of drawer to reply - It is one of the strong circumstances to draw an inference that the accused borrowed the amount and the cheque was issued towards payment of the legally enforceable debt...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 300, Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint filed u/s 138 Negotiable Instruments Act - During trial it came to light that accused had closed account long prior to date of issuing of cheque - Subsequently complainant filed complaint u/s 420 IPC - Held, cause of action in both cases is different - They cannot..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Loan raised by executing promissory note - Subsequently cross cheque issued - Non production or loss of promissory note - By itself not a circumstance that there was no legally enforceable debt...........
KERALA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427-- Conviction u/s 138 NI Act in two complaints filed by same complainant - High Court ordered that sentence in both cases shall run concurrently...........
KERALA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427-- Concurrent running of sentence - Discretion can be exercised by trial Court, appellate court as well as the revisional court - High Court can exercise the power available u/s 427 Cr.P.C. by invoking jurisdiction u/s 482 Cr.P.C...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 118-- Pronote - Consideration - Presumption - Promissory note alleged to be executed under coercion and not voluntary - When execution is admitted there is presumption of consideration - To disprove the presumption defendant has to bring on record such facts and circumstances, upon consideration of..........
BOMBAY HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Incorrect cheque number and date of presentation - Notice is not vitiated - The requirement of the provision of S.138 Proviso (2) is that notice should be in writing and there should be demand of cheque amount - In the instant case name of bank and cheque amount..........
DELHI HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Company - Chairman - Summoning order against Chairman quashed as Chairman of a Company under Companies Act is not responsible for day to day business of the company nor it can be inferred as a person consented or connived in commission of offence merely because he is Chairman of the Company...........

Showing : 1641-1650 of 2973 Results