Showing : 31-40 of 60 Results

KERALA HIGH COURT
Year of decision: 2001
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Sent as per registered post and under certificate of posting at correct address - Notice sent as per registered post received back with postal endorsement 'Unclaimed' - There is presumption of service of notice...........
KARNATAKA HIGH COURT
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138-- 10 Cheques dishonoured - Two notices each covering five cheques served on two different days and single complaint filed - Single cause of action arose, not when cheques were dishonoured but on service of notice and on failure to make payment - Single complaint cannot be said to be bad in law -..........
KERALA HIGH COURT
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138-- `Cheque reported stolen' - Cheque dishonoured with this endorsement - It shows intention of drawer that he wanted to stop payment - Offence u/s 138 is made out - Merely because drawer issued a notice to the drawee or to the Bank for stoppage of payment, it will not preclude an action under Section..........
ALLAHABAD HIGH COURT
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138-- `Cause of action' - Cheque presented a number of times and dishonoured - Held, cause of action arises only when notice under S.138 is served upon drawer...........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Demand of interest, cost. etc. in addition to cheque amount - Notice will not be invalid if break up of the claim i.e. the cheque amount, interest, damages etc. are separately specified - Other such claims for interest, cost etc. would be superfluous and these additional claims would be..........
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..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Complaint sought to be quashed on the ground that payment had already been made to drawee through Bank Drafts before the bouncing of cheques and drawee was called upon not to present the cheques - Held, these are questions of fact - Complaint on this ground cannot be quashed - Accused directed to..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1999
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Under S.138 of the Act no mode is prescribed for service of notice - It is sufficient that the notice is served on the accused - In the instant case complainant stating that notice sent as per registered post as well as through certificate of posting and notice sent as per certificate of..........
MADRAS HIGH COURT
Year of decision: 1999
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Sole proprietorship concern - Complaint filed against firm instead of proprietor - Sole proprietorship concern is not a judicial person to come under Criminal Prosecution - Receipt of notice by any other person may not be acceptable and valid acknowledgment of notice - Complaint is liable to be..........
DELHI HIGH COURT
Year of decision: 1999
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Sent as per registered post as well as Under Certificate of Posting (UPC) - Registered cover received back without any postal endorsement - Notice sent through UPC not received back - There is presumption of service under S.114 Illustration (b) of Evidence Act unless and until it is..........

Showing : 31-40 of 60 Results