Showing : 11-20 of 274 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Company - Director - Pleading as to liability of Director - Pleading of such requirement in notice - Held, averments in legal notice u/s 138 of the Act cannot be construed to be averments made in complaint - That apart, even averments made in legal notice, do not fulfill the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Company - Director - Pleading as to liability of a Director - In respect of whole time Directors, mere reproduction of words of S.141 of the Act would be sufficient...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Company - Director - Directions issued that in all cases where accused is a `Company', before issuing summons to the accused persons the trial Court/Magistrate shall direct complainant to produce a copy of Form No.32 and the annual Return filed by the Company in order to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Quashing of complaint - Complaint filed by company through its Director - Director was authorized to file complaint in view of valid resolution passed by Company - Contention of petitioner that Director was not an authorized person to file the complaint rejected...........
ORISSA HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Company - Director - Only averment against Director is that he being Director is jointly and severally responsible for offence committed u/s 138 of the Act - There is absence of specific averments as required in consonance with S.141 of the Act - Averments against Director is..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 141, 142-- Dishonour of cheque - Company - Director - Quashing of proceedings - Petitioner neither signatory to cheques in question nor he was Director of Company on the date of issuance of cheques - Rather, he had resigned from his position long back, which was duly accepted - Continuation of proceedings..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 141, 142-- Dishonour of cheque - Vicarious liability - Complaint u/s 138 of the Act - Offence by company - Delay of 3 years in filing of complaint - Cheque was signed and issued by Director of company - No explanation for delay in filing of complaint u/s 138 of the Act - Complaint dismissed...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 141(2), Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Offence by company - Cheques signed by petitioner/Director on behalf of company - No vicarious liability can arise against Director in absence of Company being arrayed as an accused - Complaint against petitioner/director not maintainable - Proceedings quashed...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Director individually cannot be prosecuted when proceedings against company are dropped...........
KERALA HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Managing Director or Joint Managing Director - There is no need of specific averment in complaint that they are in charge and responsible for the conduct of business of the company as they by virtue of the office they hold are in charge and responsible for the conduct of..........

Showing : 11-20 of 274 Results