Showing : 101-110 of 615 Results

SUPREME COURT OF INDIA
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 202-- Dishonour of cheque - Condonation of delay and enquiry u/s 202 Cr.P.C. - Magistrate condoned delay without application of mind to the issue of delay nor delay condoned before issuance of summons - Non application of mind as to whether enquiry u/s 202 Cr.P.C. is required - Order taking cognizance..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202-- Dishonour of cheque - Accused residing outside jurisdiction of Court - Enquiry u/s 202 Cr.P.C. - Enquiry u/s 202 Cr.P.C. whether attracted even for offence u/s 138 NI Act - Question of law left open...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 141(2)-- Dishonour of cheque - Offence by company - Only direct involvement of any Director, Manager, Secretary or other officer of a company in the commission of an offence, would make such officer liable u/s 141(2) of the Act...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Offence by company - If offence u/s 138 of act is committed bya company, constructive liability is created on the persons responsible for the conduct of business of company - However, liability u/s 141 of Act,arises on account of conduct, act or omission on the part of an..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 141(2)-- Dishonour of cheque - Offence by company - In order to bring a case u/s 141 of Act, complaint must disclose the necessary facts which makes a person liable...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Offence by company - Accused Nos.2 & 3 are whole-time Director and Executive Director of company and they were in charge of day to day affairs of Company - There are specific averments in the complaint for issuance of summons against said accused persons - Complaint makes out..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque amount Rs.3.21 crores - Account settled through a mutual meeting and net payable amount reduced to Rs.2.87 crores - Notice issued demanding Rs.2.87 crores - However, on account of subsequent talks between parties an amicable settlement arrived at - Amount agreed to be..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Complaint - Non appearance of complainant - Dismissal in default - Amounts to acquittal as contemplated u/s 256 Cr.P.C...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Debt or liability - Promissory note executed - Word `security' used in promissory note - It implies that once amount is paid cheque has to be returned - In case amount was not paid then cheque was liable to be presented for otherwise there was no logic or reason for their..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 142(2)(a)-- As amended by Negotiable Instruments (Amendment) Second Ordinance, 2015 - Dishonour of cheque - Complaint - Territorial jurisdiction - Place where a cheque is delivered for collection i.e. branch of bank of payee or holder in due course, where drawee maintains an account would be determinative of..........

Showing : 101-110 of 615 Results