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Results of negotiable

Showing : 71-80 of 625 Results

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Appeal against conviction - Compromise during pendency of appeal - Complainant received the entire cheque amount - Compounding of offence allowed - Conviction and sentence set aside...........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Once a cheque is signed and issued in favour of holder, there is statutory presumption that it is issued in discharge of a legally enforceable debt or liability - This presumption is a rebuttable one, if issuer of cheque is able to discharge burden that it was issued for some other..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of two cheques - Presumption - Accused issued a Pronote for amount covered by cheques which states that it was being issued for loan - Defendant admitted that cheques and Pronote were signed by him - Defence taken by defendant that he allegedly issued 10 blank cheques in 1995 for repayment of loan, not..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Insufficient funds - Complainant proved the issuance of cheque which contained signatures of accused and on presentation of cheque it was returned with endorsement "insufficient funds" - Bank official was produced as one of witnesses who proved the dishonour of cheque - Presumption u/s 139 of the..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Revision against conviction - Imposition of condition of deposit 1/4th of cheque amount while admitting revision - Said condition was in addition to fine which accused had already remitted - Condition imposed by High Court at this stage not warranted - Interim direction issued by High Court for deposit..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Modification of sentence - Compensation in lieu of sentence - Accused already deposited compensation amount of Rs.2.45 lakhs and also deposited further amount of Rs.1 lakh as directed by Supreme Court - Only sentence of S.I of 3 months left to be complied with in terms of decision of Trial Court -..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 406, 420, 467, 471, 34 -- Quashing of FIR - Compromise between parties - Complainant stated that he has no objection if proceedings are quashed - Even, matter is settled by complainant out of his free will - Moreover, where proceedings are still at..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Modification of sentence - Accused already deposited compensation amount of Rs.6 lakhs and also fine of Rs.10,000 - However, what remains is to undergo S.I of 2 months - Accused is the only earning member in family and her source of income is very nominal - If she undergoes S.I for 2 months, then she..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued in favour of an advocate by his client/accused towards his fee - Cheque dishonoured - Claim for fee based on percentage of subject matter in litigation cannot be basis of a complaint u/s 138 of the Act - Such claim is against public policy and hit by S.23 of Contract Act - Being an act of..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued in favour of an advocate by his client/accused towards his fee - Cheque dishonoured - Mere issuance of cheque by client may not debar him from contesting liability, if liability is disputed - Advocate has to independently prove the contract...........

Showing : 71-80 of 625 Results