Showing : 221-230 of 598 Results

DELHI HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Received back unclaimed - In case of unclaimed notice the deemed service of notice is to be reckoned from the date of postal endorsement and not from the date the undelivered notice is received back by the sender...........
BOMBAY HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Service of notice - Where sender dispatched notice by post with correct address written on it, then presumption can be drawn that it is served on the addressee unless he proves that it was not really served and that he was not responsible for such non service...........
KERALA HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256, 385, 386-- Dishonour of cheque - Conviction - Appeal - Admitted and notice ordered to be issued to the complainant - Non appearance of accused - Appeal cannot be dismissed for default - Appellate Court has to peruse the record and pass an order on merits...........
MADRAS HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 219, 220(1)-- Dishonour of cheque - Accused issued 16 cheques of different dates in discharge of liability - All the cheques dishonoured - Single notice issued - One complaint in respect of 16 cheques is maintainable...........
BOMBAY HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Seven cheques issued on different dates - Separate notices issued - Seven complaints are maintainable - However, in case single notice is issued then all the transactions covered by the notice would be regarded as a single transaction, permitting a single trial...........
ALLAHABAD HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 114, General Clauses Act, 1897, Section 27-- Dishonour of cheque - Notice - Sent through private courier service - Presumption of service of notice is not available - Presumption of service of notice is available only when notice is sent by post, properly addressed, prepaying and sent by registered post - Held, in absence of date of service..........
MADRAS HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Firm - Cheque issued in name of firm but complaint filed by a firm different from the one in whose name cheque was issued - Notice issued by firm which was different from the one in whose name cheque was issued - Notice issued in itself defective - Entire proceedings vitiated..........
KERALA HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 142, 138-- Dishonour of cheque - Condonation of delay - If there is a delay in filing complaint Court should give notice to the respondent and after hearing the respondent Court should satisfy itself as to whether complainant had sufficient cause for not making the complaint within the specified period - A..........
MADRAS HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Company - Notice - Prosecution of person incharge and responsible for the conduct of business of the company - Statutory notice to every person, including Director, who is sought to be prosecuted, is mandatory...........
MADRAS HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Company - Notice - Prosecution of person incharge and responsible for the conduct of business of the company - Notice to company - Director or person incharge and responsible for the conduct of business of company cannot be prosecuted when notice is not issued to him -..........

Showing : 221-230 of 598 Results