Showing : 21-30 of 54 Results

BOMBAY HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Cheque without consideration - Onus to prove is on person who asserts so - Accused neither examined himself nor examined any witness - Burden of proving that the cheque was not issued towards discharge of any debt or other liability was thus not discharged...........
BOMBAY HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118(a)-- Dishonour of cheque - Consideration - Presumption - Rebuttal - It is not necessary for accused to disprove the existence of consideration by way of direct evidence - Accused can raise a probable defence from the material brought on record by him as well as by the complainant - Presumption could be..........
KERALA HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Discharge of liability - Cheque issued for settlement of trade liabilities - Forms valid consideration - Dishonour of cheque justifies penal action u/s 138 of the Act...........
BOMBAY HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Consideration - Failure on part of complainant to prove consideration - Failure also on part of accused to prove that he did not get the consideration - Presumption in favour of complainant continues and failure of complainant is not sufficient to lead one to the conclusion..........
CALCUTTA HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Company - Stand of petitioners that they have no privity of contract with complainant company - On consideration of complaint extent of involvement of petitioner not gathered - Petitioners practically had no role to play and they were implicated with intention to put more..........
DELHI HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138, Punjab Money Lenders Act, 1938, Section 3, 4-- Dishonour of cheque - Advocate - Money lending - Absence of pleading that accused is not legally liable to pay the amount - On the other hand it is pleaded that the transaction itself was void being in violation of the Money Lenders Act - Held, the matter can be taken in defence - Plea does not..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Fine/or compensation - Power of court to impose fine may or may not be limited but power to award compensation is not - Consideration for payment of compensation is somewhat different from payment of fine...........
KERALA HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138, 43-- Dishonour of cheque - Lending of money - Cheque issued before amount given by complainant - Cheque is one issued in discharge of the debt or liability coming u/s 138 of the Act - However, in case cheque is issued in anticipation of lending money but money is not given to the borrower then..........
KARNATAKA HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Consideration - Drawer of cheque regular customer and purchasing goods on credit - Drawer admitting balance amount shown as due in running account, as true and correct - Dismissal of complaint on ground of non production of invoices relating to sales of goods held, not proper..........
BOMBAY HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Consideration - Cheque issued towards investment in one of the complainants' Fixed Deposit Schemes - Cheque is issued without consideration or that it was not issued towards the discharge of any debt or liability - Order by Revisional Court setting aside the order issuing..........

Showing : 21-30 of 54 Results