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Results of negotiable instruments act s 138

Showing : 1161-1170 of 5145 Results

KERALA HIGH COURT

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138(b) -- Expression `the bank' occurring in S.138 proviso (b) of the Act has to be given a contextual meaning - It cannot be given the same meaning as given to that expression in proviso (a)...........

KERALA HIGH COURT

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - The thrust of S.138 proviso (a) of the Act is to the `presentation' of cheque to `the bank' which obviously is the drawee bank and not any other bank as payee wishes - But thrust of S.138 proviso (b) of the Act is to the date of receipt of information regarding dishonour by payee...........

DELHI HIGH COURT

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan admitted - Plea of return of loan - Repayment of loan entered in a diary, which is alleged to bear the signature of complainant - Complainant denied her signature - No evidence to prove the alleged signatures of complainant - No handwriting expert examined to prove the alleged signature of..........

DELHI HIGH COURT

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan admitted - Plea of return of loan - Receipt acknowledging repayment of loan not taken - Cheques not taken back - Plea that parties have cordial relations and both of them are living in the same house - Plea not accepted - Complainant did not extend loan to accused without taking cheques from him as..........

DELHI HIGH COURT

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan - Advancing loan of Rs.10.40 lakhs on different dates - Neither in the complaints nor in her depositions complainant gave details of loan, such as exact amount of each loan, the date on which it was paid and rate of interest agreed to be paid - No valid explanation for not giving all such details -..........

DELHI HIGH COURT

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138, , Section 3 - - Dishonour of cheque - Money lender - Held, provision of S.3 of Act of 1938 does not debar a money lender from instituting a complaint u/s 138 of NI Act, which is a remedy enforceable before a criminal Court, and totally independent of a civil suit...........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - In charge and responsible - A reading of complaint should show that substance of accusation discloses that accused person was in charge of and responsible for the conduct of the business of the company at the relevant time - No specific or even a general allegation against appellants -..........

KERALA HIGH COURT

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138, 143 -- Dishonour of cheque - When summons trial is ordered and adopted it cannot be changed into another way in midst of trial - Half summons trial and half summary trial is not possible in a criminal case - Magistrate has to either follow the procedure in a summons trial or follow the summary trial - If summons trail is..........

KERALA HIGH COURT

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326(3) -- Dishonour of cheque - Cases under which the procedure of summons trial is adopted, there is no question of getting the benefit of exception of S.326(3) Cr.P.C...........

DELHI HIGH COURT

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138, 139, Income Tax Act, 1961, Section 269SS -- Dishonour of cheque - Cash loan of Rs.31 lakhs - Acquittal of accused on the grounds : (a) Neither complainant nor his wife produced their respective income tax returns; (b) Failure to disclose income prior to advancing loan; (c) difficult to accept that complainant was in a position..........

Showing : 1161-1170 of 5145 Results