Showing : 1721-1730 of 2973 Results

BOMBAY HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Cheque given as collateral security - Cheque was never meant to be deposited - If such a cheque is deposited and dishonoured then it will not entail the penal liability...........
MADRAS HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- 'Mandate holder' is a person obeying the mandate of another and issuing cheque - Cheque issued by mandate holder when bounces it is the account holder who is liable...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, 147-- Compounding of offence - Dishonour of cheque - Accused convicted - Accused making payment of cheque - Acquittal cannot be recoded on this ground - Accused can be acquitted if parties arrive at settlement - In the instant case in view of peculiar facts of the case, Court itself recording settlement..........
KERALA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, 139, 43-- Legally enforceable debt - Cheque issued for withdrawal of civil case - Civil case not withdrawn - Held, when cheque is issued for some other complementary facts or fulfilment of yet another promise i.e. withdrawal of civil case and cheque is issued on that basis and that promise is not fulfilled..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3)-- Compensation - Granted under sub-section (3) of S.357 Cr.P.C. is to be recovered only as if it were a fine...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3), 389(1)-- Dishonour of cheque - Compensation - Suspension during pendency of appeal - Appellate Court can pass appropriate interim orders of suspension with any conditions or terms as may warrant in circumstances in respect of compensation awarded under sub-section (3) of S.357 Cr.P.C...........
KARNATAKA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Cheque issued as a collateral security - Dishonour of cheque - Even collateral security becomes a debt or liability on the part of accused to perform his contract - The very issuance of cheque presumes that it was issued for discharge of liability...........
KARNATAKA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Company - Dishonour of cheque - Complaint - Filed by Managing Director through authorised officer - Managing Director under the Memorandum of Association and Articles of Association authorised to file a complaint or suit - Signing of complaint by Managing Director and not by authorised officer is..........
KARNATAKA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complainant is entitled to file both private complaint for bouncing of cheque as well as civil suit for recovery of the amount due by the accused...........
KERALA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 142(b)-- Proviso - Delay - Condonation - Court can condone delay in filing a complaint if complainant satisfies that he had sufficient cause for not making complaint within statutory period of limitation - Complainant seeking benefit of proviso has to explain the reason for the delay...........

Showing : 1721-1730 of 2973 Results