Showing : 71-80 of 588 Results

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: 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..........
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...........

Showing : 71-80 of 588 Results