Showing : 41-50 of 54 Results

RAJASTHAN HIGH COURT
Year of decision: 2001
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Execution of cheque admitted as such consideration thereunder is presumed - Holder has implied authority to put date on undated cheque and the same does not amount to material alteration - No ground to quash proceedings...........
SUPREME COURT OF INDIA
Year of decision: 2001
Details
Negotiable Instruments Act, 1881, Section 138, 50-- 'A holder in due course' - Means a person who for consideration became the possessor of a cheque if payable to bearer before the amount became payable - Unless contrary is proved the holder of a negotiable instrument shall be presumed to be a holder in due course...........
KARNATAKA HIGH COURT
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138-- Sentence - Courts must take into consideration all aspects of the case including the financial loss caused to the payee or holder in due course of the cheque, the quantum of the amount involved in the cheque, status of the accused as well as of the complainant, time and costs consumed in the..........
KARNATAKA HIGH COURT
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138-- Sentence - Amount involved in cheques amounting to Rs.26, 501/- Trial Court imposed fine of Rs.10, 000/- - Cheques issued in the year 1990 - Almost 10 years have lapsed - Complainant must have suffered financially due to non-availability of the amount - Respondents are the Company and its Managing..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1999
Details
Negotiable Instruments Act, 1881, Section 138-- Promissory note in favour of daughter who authorised father to collected the contents of the promissory note - Notice issued and thereafter accused issued cheques in the name of father for the amount claimed - Cheques bounced on presentation - Complaint - Contention that father is endorsee without..........
SUPREME COURT OF INDIA
Year of decision: 1999
Details
Negotiable Instruments Act, 1881, Section 139, 138, 118-- Cheque - Signature on the cheque admitted - Can be legally inferred that the cheque was made or drawn for consideration on the date which the cheque bears - S.139 enjoins on the Court to presume that the holder of the cheque received it for the discharge of any debt or liability - The burden is on..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 1999
Details
Negotiable Instruments Act, 1881, Section 138-- `Legally enforceable debt' - Complainant had been filling in the cheques in the name of the accused for different amount at his will and has been dealing with the same in the manner he liked and it appears from the record that it was so - Possibility of the cheque being filled in by the..........
KERALA HIGH COURT
Year of decision: 1999
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Debt and liability - Payment stopped on the ground that cheques were not supported by consideration - Under Section 139 it has to be presumed that cheques were issued in discharge of debt or other liability - Burden of proof is on accused that cheques were not supported by consideration...........
MADRAS HIGH COURT
Year of decision: 1998
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Legal debt and liability - Agreement to sell - Accused making part payment and issuing cheques of balance consideration - Accused put in possession of land and given Power of Attorney to do all acts and deeds in respect of land - Sale transaction not completed - Dishonour of cheque for want of..........
KERALA HIGH COURT
Year of decision: 1998
Details
Negotiable Instruments Act, 1881, Section 138, 118(g), 9-- Bearer cheque - Dishonoured due to insufficiency of funds - There is presumption under S.118(g) that holder of a negotiable instrument is a holder in due course - Under Section 118(a), there is a presumption that every negotiable instrument was made or drawn for consideration - This presumption..........

Showing : 41-50 of 54 Results