Negotiable Instruments Act, 1881, Section 118, Evidence Act, 1872, Section 3 -- Recovery suit on basis of pronote and receipt executed by defendant - Defendant referred to statement allegedly made by plaintiff in criminal case - However, said statement not part of evidence in recovery suit - Held, same cannot be referred to - Statement allegedly made by plaintiff in..........
Consumer Protection Act, 1986, Section 2(1)(g), Negotiable Instruments Act, 1881, Section 10, 85A -- Banking service - Bank draft - Payment in due course - Respondent got the bank draft in the name of 'R' and on presentation of the bank draft by 'R' the bank as per the provisions of NI Act, 1881 honoured the bank draft - Held that there was no negligence or irregularity in..........
Consumer Protection Act, 1986, Section 2(1)(g), Negotiable Instruments Act, 1881, Section 10, 85A -- Banking service - Bank draft - Payment in due course - Respondent got the bank draft in the name of 'R' and on presentation of the bank draft by 'R' the bank as per the provisions of NI Act, 1881 honoured the bank draft - Held that there was no negligence or irregularity in..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Negotiable Instruments Act, 1881, Ss.10 and 85A - Banking service - Bank draft - Payment in due course - Respondent got the bank draft in the name of `R' and on presentation of the bank draft by `R' the bank as per the provisions of NI Act, 1881 honoured the bank draft - Held that there was no negligence or irregularity in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 372, 378(4) - - Dishonour of cheque - Acquittal - Application of amended proviso to S.372 of the Code to the cases instituted upon complaint as contemplated by S.378(4) of the Code and, more particularly, to applications seeking leave to file appeals challenging judgments and orders of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Remand of case - Complainant had stated that he had received intimation on 23.05.2005 by means of documentary evidence while defence has to prove that on 23.05.2005 being Bouddha Pournima, bank had a holiday and that receipt of intimation was not possible on that day - Held, parties must be relegated to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Agreement of loan took place at Indore and deed of agreement executed at Indore - Cheques were issued at Indore - Cheques were required to be presented at Indore - Cheque Processing Center at Mumbai cannot be equated with drawee bank - Merely because notice was issued by complainant from..........
Negotiable Instruments Act, 1881, Section 138, 141, Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Prosecution of directors and Chief Financial Officer of company - Only one director signed cheque in question - Held, prosecution of directors except one who signed the cheque quashed - Bare statement that they were directors and..........
Negotiable Instruments Act, 1881, Section 138, 141, Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Cheque issued by a company dishonoured - Who may be prosecuted for offence committed by company - (i) The primary responsibility is on the complainant to make specific averments as are required under the law in the complaint so as to..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Blank cheque alleged to be given as security and that blanks filled up conveniently so as to suit the case of complainant - Expert opinion as to determination of age of ink used for signatures and age of the ink used to fill up other details of cheque -..........
