Showing : 351-360 of 365 Results

SUPREME COURT OF INDIA
Year of decision: 1998
Details
Negotiable Instruments Act, 1881, Section 139, 138-- `Debt or other liability' - In view of the express provision of S.139, a presumption must be drawn that the holder of the cheque received the cheque, of the nature referred to in S.138, for the discharge of any debt or other liability unless the contrary is proved...........
SUPREME COURT OF INDIA
Year of decision: 1998
Details
Negotiable Instruments Act, 1881, Section 138-- `Stop Payment' - After issuance of a cheque, subsequent notice by drawer to the drawee or the Bank for stoppage of payment does not preclude action under S.138 by the drawee or holder in due course. 1996(1) Civil CC 309 (SC) : 1996(1) Apex Court Journal 99 (S.C.) & 1996(2) Apex Court Journal 555..........
SUPREME COURT OF INDIA
Year of decision: 1998
Details
Negotiable Instruments Act, 1881, Section 138-- No sufficient funds in account on the date of issuance of cheque - Funds made available when cheque was presented - There is no presumption of dishonesty - S.138 gets attracted only when cheque is dishonoured...........
SUPREME COURT OF INDIA
Year of decision: 1997
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Complainant - Absent - If the presence of the complainant is not necessary on the day the complaint is fixed then resorting to the step of axing down the complaint may not be a proper exercise of the power envisaged in the section...........
SUPREME COURT OF INDIA
Year of decision: 1997
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200-- Complaint - 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: 1997
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Acquittal on finding that before filing complaint notice was not served within the prescribed period - Finding is one of fact and based on proper appreciation of evidence - No interference is called for...........
SUPREME COURT OF INDIA
Year of decision: 1997
Details
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 380, 465, 467, 468, 471-- Dishonour of cheque - `T' filed complaint against `Dr.T' - `Dr.T' alleging theft of cheque and also filing a complaint - `Dr.T.' convicted in complaint filed by `T' while `T' discharged in complaint filed by `Dr.T' - In appeal `Dr.T' acquitted - Revision and appeal disposed by a common order by..........
SUPREME COURT OF INDIA
Year of decision: 1997
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Acquittal on finding that before filing complaint notice was not served within the prescribed period - Finding is one of fact and based on proper appreciation of evidence - No interference is called for...........
SUPREME COURT OF INDIA
Year of decision: 1997
Details
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 380, 465, 467, 468, 471-- Dishonour of cheque - `T' filed complaint against `Dr.T' - `Dr.T' alleging theft of cheque and also filing a complaint - `Dr.T.' convicted in complaint filed by `T' while `T' discharged in complaint filed by `Dr.T' - In appeal `Dr.T' acquitted - Revision and appeal disposed by a common order by..........
SUPREME COURT OF INDIA
Year of decision: 1996
Details
Negotiable Instruments Act, 1881, Section 138-- `Stop payment' - Before encashment notice issued not to present the cheque yet the payee or holder in due course presented the cheque to bank and the same returned on instruction, S. 138 of Negotiable Instruments Act is not attracted...........

Showing : 351-360 of 365 Results