Showing : 91-100 of 615 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Offence by company - Vicarious liability - For making a Director of a company liable for offences committed by Company, there must be specific averments against Director showing as to how and in what manner Director was responsible for conduct of business of company...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Offence by company - Vicarious liability - Erstwhile Director of company - Cheques in question neither issued by accused/Director nor he was involved in the day to day affair of company - Name of accused not shown as involved in the working of company - Accused resigned even..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Reminder notice - No bar to send a reminder notice - Usually such notice cannot be construed as an admission of non service of the first notice...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Service of notice is presumed when notice is sent by registered post is returned with postal endorsement `refused' or `not available in the house' or `house locked' or `shop closed' or `addressee not in station'...........
SUPREME COURT OF INDIA
Year of decision: 2017
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 at correct address - There is presumption of service of notice - However, such presumption is rebuttable...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427-- Dishonor of two cheques - Conviction - Concurrent running of sentences - Two complaints filed in respect of two loans advanced in the course of a series of transactions on the same terms and conditions - Both the complaints tried together and same sentences awarded in both the complaints, deemed..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Post dated cheque given for repayment of loan installment which is also described as security in loan agreement is covered u/s 138 of the Act, as expression security refers to the cheques being towards repayment of installments - Once loan was disbursed and installments have..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Issued for discharge of later liability is clearly covered by statue...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Post dated cheque - If on the date of cheque liability or debt exists or amount has become legally recoverable, S.138 of the Act is attracted and not otherwise...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 145-- Dishonour of cheque - Evidence on affidavit - Non-obstante clause in S.145(1) of Act is self explanatory and over-rules the requirement of examination of complainant on solemn affirmation u/s 200 Cr.P.C. - Cognizance of complaint, therefore, can be taken without complying the mandate of S.200..........

Showing : 91-100 of 615 Results