Showing : 281-290 of 368 Results

SUPREME COURT OF INDIA
Year of decision: 2002
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Amount involved Rs.4,50,000/- Trial Court imposed imprisonment till rising of the Court and a fine of Rs.5,000/- - Amount neither paid in trial Court nor during the pendency of revision in High Court or in Supreme Court - Held, sentence passed is grossly inadequate - Case..........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Sentence - Should be of such a nature as to give proper effect to the object of the legislation - However, it is a different matter if the accused paid the amount atleast during the pendency of the case...........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Sentence - Subsequent filing of a civil suit and attaching property of the respondent - Not a ground for lessening the gravity of the offence or to impose a minor sentence...........
SUPREME COURT OF INDIA
Year of decision: 2001
Details
Negotiable Instruments Act, 1881, Section 138-- Company - No Magistrate shall insist that the particular person, whose statement was taken on oath at the first instance, alone can continue to represent the company till the end of the proceedings...........
SUPREME COURT OF INDIA
Year of decision: 2001
Details
Negotiable Instruments Act, 1881, Section 138-- Company - By a person who is incharge or responsible to the Company - Whether authorisation must be on the date or a subsequent authorisation can validate the complaint? - Held, even if initially there is no authority, still the Company can, at any stage, rectify that defect - At a subsequent..........
SUPREME COURT OF INDIA
Year of decision: 2001
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Complaint - Quashing - Debt or liability - Complaint cannot be quashed on the ground that there is no debt or liability - At this stage Court cannot go into merits and/or come to a conclusion that there is no existing debt or liability...........
SUPREME COURT OF INDIA
Year of decision: 2001
Details
Negotiable Instruments Act, 1881, Section 138-- `Debt or liability' - Pleading - There is no requirement that the complainant must allege in the complaint that there is a subsisting liability - The burden of proving that there was no existing debt or liability is on the respondents...........
SUPREME COURT OF INDIA
Year of decision: 2001
Details
Negotiable Instruments Act, 1881, Section 138-- `Stop payment' - An offence is made out - However, an accused can prove that `stop payment' was not due to insufficiency or paucity of funds but payment was stopped because of other valid causes including that there was no existing debt or liability at the time of presentation of cheque then..........
SUPREME COURT OF INDIA
Year of decision: 2001
Details
Negotiable Instruments Act, 1881, Section 138-- Alteration in date of cheque to revalidate it by drawer or payee with the consent of drawer can be made even after expiry of validity of cheque period i.e six months...........
SUPREME COURT OF INDIA
Year of decision: 2001
Details
Negotiable Instruments Act, 1881, Section 138-- Alteration in date of cheque to revalidate it - Party consenting to the alteration as well as the party who made the alteration is disentitled to complaint against such alteration...........

Showing : 281-290 of 368 Results