Showing : 21-30 of 615 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 11(6), 43(3), Limitation Act, 1963, Section 5-- Appointment of arbitrator - Limitation - Extension of time u/s 43(3) of 1996 Act - Period during which parties were bona fide negotiating towards a amicable settlement may be excluded for purpose of computing period of limitation for reference to arbitrator - However, entire negotiable history..........
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 - Notice - Question of service of notice - It is a triable issue - Order quashing proceedings set aside...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 320(8)-- Dishonour of cheque - Compromise - Accused and complainant compromised the matter - Complainant received Rs.10 lakhs i.e cheque amount in terms of compromise - Conviction and sentence of accused set aside - Accused acquitted in terms of S.320(8) Cr.P.C...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Presumption - Rebuttal - Defence of accused that he made payment for the commodities/rice bags but blank cheques were not returned by complainant - Quite unbelievable and unacceptable...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Presumption - Absence of averment in complaint that cheques were issued for the purchase made on credit - However, complainant clearly stated in his evidence that cheques were issued for the commodities purchased on credit - Courts below erred in brushing aside the evidence..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 143A-- Dishonour of cheque - Provision of S.143-A coming into force on 01.09.2018 is prospective in nature - Interim compensation can be ordered to be paid if offence was committed after introduction of said provision...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 143A-- Dishonour of cheque - Interim compensation - Failure to pay - Recovery - Can be recovered as arrears of land revenue...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Second application for quashing - Plea of resignation from company as Director not supported by Form 32 issued by Registrar of companies - Second application for quashing supported by Form 32 - There was a difference between the earlier application and subsequent one,..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Acquittal by trial Court - Conviction by High Court - Order of acquittal rightly reversed as presumption was not taken into consideration - Moreover trial Court committed an error in placing heavy burden on the complainant to prove debt - Order of conviction, upheld...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Appeal against acquittal - Non-appearance of accused - Appeal not to be decided on merits without issuing second notice to accused or High Court Legal Services Committee to appoint an advocate or High Court could have taken assistance of amicus curiae - Impugned order..........

Showing : 21-30 of 615 Results