Showing : 1-10 of 59 Results

KERALA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 118(g)-- Dishonour of cheque - Holder of cheque - A holder of a cheque is entitled to the benefit of legal presumption u/s 118(g) of the Act that he came into possession of the instrument in due course unless it is shown to have come to the custody of the possessor by means of an offence, fraud or other..........
KERALA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Payee is a person to whom or to whose order money is made payable by the instrument - Payee could be any person whom the drawer of cheque may, to his choice, refer to his banker, no matter drawer has not incurred any liability to the person named by him in the cheque -..........
KERALA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 87-- Dishonour of cheque - Material alteration - Alteration of payee's name in a cheque is material which affects character of instrument and so also relationship of parties and their legal position as originally expressed...........
KERALA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 87-- Dishonour of cheque - Alteration of payee's name - Amounts to material alteration - Failure of complainant to prove that material alteration of the cheque was done or made by accused himself or with his consent - Material alteration of cheque without consent of drawer makes the instrument void and..........
TRIPURA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Demand notice, either by express or by reasonable intendment, must inform the party to whom it is given : (i) That the instrument has been dishonoured (the instrument should be identified in the notice, otherwise the notice will be invalid); (ii) In what way the..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque issued in lieu of milk supplied to accused as alleged by complainant - However, in entire complaint or earlier thereto in notice issued u/s 138 of the Act, complainant failed to mention rate of milk, payment if any due and placed on record alleged settlement - Accused..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Presumption of liability - Once signatures on instrument are admitted then it can be legally inferred that cheque in question was drawn for consideration...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, 118, Evidence Act, 1872, Section 34-- Dishonour of cheque - Loan by Commission Agent - Bahi entries - Such entry not negotiable instrument - Entries alone not sufficient to charge a person with liability as entries in the ledger/bahi entries are not per se admissible - Complainant being commission agent was in a dominating position..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, 94-- Dishonour of cheque - Demand notice - Non signing by complainant or Advocate - Not fatal - As per S.94 of the Act, as there is no requirement that notice should be signed by party or Advocate - What is required u/s 94 Cr.P.C. is to prove the mode in which notice may be given and notice may be oral..........
DELHI HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Presumption - In a trial u/s 138 of the Act, presumption has to be drawn that every negotiable instrument was made or drawn for consideration and that it was executed for discharge of debt or liability - No sooner the complainant discharges the burden to prove that instrument..........

Showing : 1-10 of 59 Results