Showing : 21-30 of 2973 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 143A-- Applicability of S.143-A of the Act coming into force on 02.08.2018 - S.143-A of the Act cast a substantive obligation upon accused and thereby effect the substantive right of the accused - As the Amendment Act has not made the provision applicable retrospectively, specifically to pending cases,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Territorial jurisdiction - Cheque issued at a place in Kerala and presented for encashment at Bangalore where complainant had its office - Complaint filed at Gurgaon - Compliant filed at Gurgaon just to harass and putting undue pressure upon accused - Complaint and summoning..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Demand of cheque amount alongwith additional demand - If in the notice, claim/demand of cheque amount as well as other amount for interest, etc. have been made specifying the same separately, the same will not invalidate the notice - Held, notice cannot be said to be..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114-- Dishonour of cheque - Notice - Sent by registered post correctly addressing to the drawer of cheque - Service of notice is deemed to have been effected - Drawer is at liberty to rebut the presumption...........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Dishonour of cheque - Delay in filing complaint - Filing of an application u/s 5 Limitation Act instead of filing an application u/s 142 of the Act - Complaint cannot be dismissed as barred by limitation...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Quashing of proceedings - Complainant specifically averred that accused being Directors of company were actively participating in day-today affairs of accused/company - Further, A-1 to A-4 are alleged to be from same family and running accused company together - Complaint..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311-- Dishonour of cheque - Additional evidence - Application filed U.O.7.R.14 CPC by mentioning wrong provision of law - Application cannot be dismissed solely on the ground that wrong provision of law has been mentioned - S.311 Cr.P.C. deals with power of Court to summon material witness or examine a..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Accused did not deny his signatures on cheque in question and that same pertains to his bank account - Court bound to draw presumption in favour of complainant...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Computer generated invoice - Does not bear the signatures of the author...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Legally enforceable debt - There is no requirement of law to produce income tax or sales tax returns - Simple legal requirement for complainant is to satisfy Court that cheque in question was issued by accused to discharge his legal liability...........

Showing : 21-30 of 2973 Results