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Results of part payment 138 ni act

Showing : 21-30 of 41 Results

SUPREME COURT OF INDIA

Year of decision: 2006
Details

Negotiable Instruments Act, 1881, Section 138, 142, Constitution of India, 1950, Article 226, 227 -- Dishonour of cheque - Territorial jurisdiction - Complaint filed in a Court within jurisdiction of Calcutta High Court and Writ petition thereagainst filed in High Court of Kerala - For an offence u/s 138 of the Act complainant is required to prove the facts constituting..........

BOMBAY HIGH COURT

Year of decision: 2005
Details

Negotiable Instruments Act, 1881, Section 138 -- Part payment made after issuance of cheque - Cheque dishonoured - Notice of demand issued pointing out all the details of the liability and the balance amount claimed - Question as to whether demand notice is illegal - Held No - Notice is perfectly legal - If inspite of part payment made if the demand had been made of the..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2004
Details

Negotiable Instruments Act, 1881, Section 138 -- Notice - Part payment made - Cheque presented for the entire amount and dishonoured - Notice issued for the balance amount due - As demand is for the lesser amount than covered by the cheque as such it is not a valid notice - Accused is entitled for acquittal...........

SUPREME COURT OF INDIA

Year of decision: 2003
Details

Negotiable Instruments Act, 1881, Section 138 -- Components of offence under S.138 are: (1) drawing of the cheque by a person on an account maintained by him with a banker, for payment to another person from out of that account for discharge in whole/part any debt or liability, (2) presentation of the charge by the payee or the holder in due course to the bank, (3)..........

SUPREME COURT OF INDIA

Year of decision: 2003
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Components of offence under Section 138 are : (i) drawing of cheque by a person on an account maintained by him with a banker for payment to another person from out of that account for discharge in whole/part any debt or liability, - (ii) presentation of cheque by the payee or the holder in due course..........

KERALA HIGH COURT

Year of decision: 2003
Details

Negotiable Instruments Act, 1881, Section 138 -- Part payment made - Part payment remained unpaid even after expiry of 15 days from the date of receipt of notice - Accused has committed the offence u/s 138 NI Act...........

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 'other liability' - Petitioner..........

GUJARAT HIGH COURT

Year of decision: 2000
Details

Negotiable Instruments Act, 1881, Section 138 -- Part payment - Post dated cheque issued for Rs.2 lacs - As per agreement drawer paying the amount in instalments - Only small amount remained to be paid - Drawee presenting the cheque which was dishonoured - No offence u/s 138 is made out...........

BOMBAY HIGH COURT

Year of decision: 2000
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Main factors to maintain a complaint are: (i) The cheque in question should have been issued in discharge of whole or in part of a debt or liability; (ii) The cheque should be presented for payment within six months or its specific period, whichever is earlier; (iii) The payee or holder should give..........

ANDHRA PRADESH HIGH COURT

Year of decision: 1999
Details

Negotiable Instruments Act, 1881, Section 141, 138 -- Company - Managing Director - Absence of an averment in the complaint that the Managing Director is in-charge and responsible to the Company - Accused described as Managing Director of the Company and the agreement, which is the basis for the liability for payment of money on the part of the accused, describes him as..........

Showing : 21-30 of 41 Results