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Results of part payment 138 ni act

Showing : 11-20 of 41 Results

BOMBAY HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Cheque issued by wife of contracting party, who is arrayed as respondent, claiming one lakh against scrap - Receipt showing that respondent was liable to pay only Rs.20, 000/- as payment of Rs.50, 000/- and Rs.30, 000/- has been made as per endorsement on receipt - Held, since part payments are..........

KERALA HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Part payment made before presentation of the cheque - It should be endorsed and claim should be limited to the extent of liability - If inspite of part payment demand notice is issued of the entire amount of cheque and prosecution is launched for the entire amount then no offence u/s 138 of the Act is..........

KERALA HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - No part of transaction took place at the residence of complainant and there was no stipulation that payment was to be made at place of residence of complainant, such mere residence of complainant does not confer jurisdiction on Court at place of residence of complainant...........

MADHYA PRADESH HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused stated that he was owing a sum of Rs.49, 000/- but complainant misused cheque and filled in cheque of Rs.80, 000/- - Held, since complainant is holder of cheque duly signed by accused and accused admitted that there were commercial relations between parties, therefore presumption has to be drawn..........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - To constitute the offence, ingredients required to be fulfilled are : (i) a person must have drawn a cheque on an account maintained by him in a bank for payment of a certain amount of money to another person from out of that account; (ii) The cheque should have been issued for the discharge, in whole..........

KERALA HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Place from where notice is issued in writing to the drawer of the cheque demanding payment of the cheque amount also is a place where part of cause of action arises...........

SUPREME COURT OF INDIA

Year of decision: 2007
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Cheque issued for part payment of outstanding bills - Cheque dishonoured - By issuing notice demand made of payment of pending bills and not cheque amount - Held, notice is not valid...........

SUPREME COURT OF INDIA

Year of decision: 2007
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Directors - Pleading - As a result of fall out of non payment negotiations were held between parties wherein Respondent Nos.2 and 3 took part - Held, there is no doubt that ingredients of S.141 of the Act stand satisfied...........

CALCUTTA HIGH COURT

Year of decision: 2007
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Plea that there was no legal liability on the part of accused to make payment towards goods delivered because of exaggerated bills - Plea not taken as a part of defence through cross examination - In reply to notice no such plea raised - Conviction not liable to be interfered with...........

BOMBAY HIGH COURT

Year of decision: 2006
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Conviction - Appeal against - Suspension of sentence - Appellate Court has power to direct payment of compensation, in whole or any part thereof, awarded by Magistrate as a condition precedent for suspending substantive sentence...........

Showing : 11-20 of 41 Results