Showing : 1711-1720 of 3037 Results

GUJARAT HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 258-- Dishonour of cheque - Discharge of accused - Summons case - Complaint under S.138 of N.I. Act filed by private party - Accused raised defence at pre trial stage - Considering the defence Magistrate ordered stoppage of proceedings and issued show cause notice to complainant to pay compensation for..........
BOMBAY HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint - Can be filed by power of attorney holder of payee - When a power of attorney holder has full knowledge of the transaction his statement can be recorded by Magistrate for verification of the complaint...........
BOMBAY HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint - Can be filed by power of attorney holder - Power of attorney holder cannot depose on behalf of complainant - However, he can appear as a witness on behalf of complainant...........
DELHI HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, 141, 142-- Company - Cheque dishonoured issued by company - Directors of Company cannot be prosecuted in absence of their name appearing in the array of accused in the complaint...........
KARNATAKA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420-- `Alteration in date and drawer's signature differ' - Cheque dishonoured - Accused can show that alteration in date or signatures are made not because of insufficiency or paucity of funds - If accused shows that in his account there were sufficient funds to clear the amount of cheque at the time of..........
KERALA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Cheque issued to lawyer towards professional fee for conducting case - Cheque dishonoured - Liability is legally enforceable...........
KERALA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Sent as per registered post at correct address - Received back `unclaimed' - Evidence of Postman that he gave intimation to addressee but inspite of intimation addressee did not receive the notice - Accused did not adduce any evidence to rebut presumption available u/s 114 Evidence Act -..........
BOMBAY HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 145-- Provision of S.145 applies to all complaints pending on the date on which the Amending Act came into force - There is nothing in the Amending Act to indicate that the provision is intended to apply only prospectively...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Company - Liability depends not upon holding an office in a company but satisfying the main requirement that he was incharge and responsible for conduct of business of company at the relevant time - A Director not incharge and responsible for conduct of business of the Company is not liable for..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 141, 138-- Company - Director - Merely being a Director of a company is not sufficient to make him liable - A Director is liable only if he is incharge and responsible for conduct of business of the company at the relevant time and there has to be an averment in the complaint to this effect - Without this..........

Showing : 1711-1720 of 3037 Results