Showing : 81-90 of 588 Results

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 - Cheque drawn at place `C' - Cheque presented for collection and dishonoured at place `I' - Court at place `I' has territorial jurisdiction to entertain the..........
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..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Essential ingredient for attracting liability u/s.138 of Act is that the person who is to be made liable should be drawer of cheque and should have drawn the cheque on an account maintained by him with a banker for payment of any amount of money to another person from out of..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Reduction of sentence - Cheque amount Rs.25,000/- - Accused sentenced to one year imprisonment and to pay fine of Rs.30,000/- and also to pay compensation of Rs.25,000/- to complainant - Matter 18 years old - Amount of fine and compensation already paid - Sentence reduced to..........

Showing : 81-90 of 588 Results