Showing : 31-40 of 54 Results

KARNATAKA HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Time barred debt - Loan transaction taking place in 1994 and cheque for repayment of loan issued for the year 1999 - Loan amount became time barred in the year 1997 - Held, there is no legal bar for the debtor agreeing to pay the time barred debt - No fresh consideration is..........
KERALA HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Law does not mandate proof of original transaction or existence of original consideration - In a prosecution under Section 138 of the Act, Criminal Court is not to adjudicate on the liability to discharge with the cheque is alleged to be issued...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Holder in due course - Means any person who for consideration became the possessor of promissory note, bill of exchange or cheque if payable to bearer or the payee or indorsee thereof - `A' gave loan to `B' - Bank purchased cheque from `B' - `B' made an endorsement in favour..........
KERALA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Legally enforceable debt or other liability - Cheque issued for a consideration which is unlawful - No offence u/s 138 of the Act is made out...........
KERALA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, 139, 43-- Legally enforceable debt - Cheque issued for withdrawal of civil case - Civil case not withdrawn - Held, when cheque is issued for some other complementary facts or fulfilment of yet another promise i.e. withdrawal of civil case and cheque is issued on that basis and that promise is not fulfilled..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Negotiable Instruments Act, 1881, Section 138-- 'Holder in due course' - Means any person who for consideration became the possessor of a cheque payable to bear or the payee or indorsee thereof...........
KARNATAKA HIGH COURT
Year of decision: 2003
Details
Negotiable Instruments Act, 1881, Section 138-- 'Another person' refers to payee, holder, holder in due course and endorsee - These words carry same meaning as they are understood in civil jurisprudence - Consideration inter se between drawee and holder in due course is not necessary to bind drawer...........
KARNATAKA HIGH COURT
Year of decision: 2003
Details
Negotiable Instruments Act, 1881, Section 138-- Cheque without consideration - Burden to prove that there subsists no debt or liability is on accused...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2003
Details
Negotiable Instruments Act, 1881, Section 138-- 'Debt or other liability' - Agreement to sell - Payment of balance sale consideration - Cannot squarely be construed as a 'debt' but it cannot escape the consideration under the expression 'other liability'...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2003
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque issued towards part payment of land agreed to be sold by complainant and payment stopped as complainant found to have no title in land - Though balance sale consideration to be paid under agreement cannot be squarely construed as debt, it could come under expression..........

Showing : 31-40 of 54 Results