Showing : 1761-1770 of 2992 Results

SUPREME COURT OF INDIA
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint can be filed within one month of service of notice, in case of non payment - One month for filing complaint is to be reckoned from the day immediately following the day on which the period of fifteen days from the date of receipt of notice by the drawer expires...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Cheque can be presented any number of times within its validity but it will not give fresh cause of action every time - Cause of action accrues only when notice is given and drawer fails to make the payment - Cause of action arises only once...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Offence u/s 138 - Facts to be proved are: (a) that the cheque was drawn for payment of an amount of money for discharge of a debt/liability and the cheque was dishonoured; (b) that the cheque was presented within the prescribed period; (c) that the payee made a demand for payment of the money by..........
GAUHATI HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque drawn in favour of `Self' - Cheque not endorsed in favour of complainant - Held, complainant is neither a payee nor a holder in due course - Dishonour of self drawn cheque does not amount to penal offence u/s 138 of the Act...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Company - Person incharge and responsible to the company - Quashing of complaint sought on ground that complaint when read as a whole not disclosing commission of an offence or that some of the accused are lawyers and/or other professionals who had no scope for direct participation in the conduct..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 320-- Dishonour of cheque - Compounding of offence - During special leave before Supreme Court both parties filed joint petition for compromise - Compromise lawful - Permission granted to compromise the dispute - Conviction set aside...........
BOMBAY HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 145, 138, Criminal Procedure Code, 1973, Section 200-- Recording statement of complainant - Stands substantially dispensed with by insertion of S.145 in the NI Act - Affidavit of complainant can be filed - However, it is open to the discretion of the Judge to put questions to the complainant if he considers it necessary...........
BOMBAY HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Power of attorney holder - Can file complaint on account of dishonour of cheque in the name of the principal...........
BOMBAY HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 60, Power of Attorney Act, 1882, Section 2-- All transactions in relation to dishonour of cheque undertaken by power of attorney holder in total exclusion of the payee or holder in due course - In such an eventuality, power of Attorney holder, in addition to his capacity to file complaint, alone has to be the witness in place of the..........
DELHI HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Joint account - Person who draws the cheque is liable for the offence u/s 138 of the Act - Vicarious liability is available only in respect of offence committed by a company...........

Showing : 1761-1770 of 2992 Results