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Results of s 138 ni act

Showing : 121-130 of 2901 Results

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Quashing of complaint - Law as to : (a) Once in a complaint filed u/s 138 r/w S.141 of the NI Act the basic averment is made that the Director was in charge of and responsible for the conduct of the business of the company at the relevant time when the offence was committed,..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint through power of attorney holder - Law as to - Law as pronounced in A.C.Narayanan v. State of Maharashtra, 2013(3) Apex Court Judgments 323 (S.C.) : 2013(4) Criminal Court Cases 001 (S.C.) : 2013(4) Civil Court Cases 379 (S.C.) reiterated : (i) Filing of complaint petition u/s 138 of NI Act..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Police complaint - Relief available u/s 138 of NI Act is in addition to contemplations in IPC - It is still open to such a payee recipient of a dishonoured cheque to lodge a First Information Report with the Police or file a Complaint directly before the concerned Magistrate - If payee succeeds in..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 182(1), 184, 220 -- Dishonour of cheque - Offences triable together - If an offence punishable u/s 138 of NI Act committed as a part of single transaction with offence of cheating and dishonestly inducing delivery of property then in terms of S.182 (1) r/w S.184 & 220 Cr.P.C. such offence..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Notice - Complaint silent about service of notice - There is presumption of service of notice when it is sent to correct address by registered post - Held, it is not necessary to aver in..........

KERALA HIGH COURT

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138, Civil Procedure Code, 1908, Section 89 -- Dishonour of cheque - Mediation - Normally, cases u/s 138 of NI Act being a criminal offence, is not referred for mediation - But if parties are interested in referring matter for mediation, that can be only for limited purpose of arriving at amount for which dispute can be settled and..........

DELHI HIGH COURT

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138, , Section 3 - - Dishonour of cheque - Money lender - Held, provision of S.3 of Act of 1938 does not debar a money lender from instituting a complaint u/s 138 of NI Act, which is a remedy enforceable before a criminal Court, and totally independent of a civil suit...........

DELHI HIGH COURT

Year of decision: 2013
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219 -- Dishonour of cheque - Complaint - Maintainability - Complainant issued one notice of dishonour in respect of four dishonoured cheques issued by petitioner - Held, as cause of action for filing complaint for dishonour of cheque is service of notice u/s 138 of NI Act and not..........

SUPREME COURT OF INDIA

Year of decision: 2013
Details

Negotiable Instruments Act, 1881, Section 138, 142(b), General Clauses Act, 1897, Section 9 -- Dishonour of cheque - Limitation to file complaint - Reckoning of period of limitation - Limitation Act is not applicable to Negotiable Instruments Act - However, with the aid of S.9 General Clauses Act, which is applicable to Negotiable Instruments Act, it can safely be..........

ALLAHABAD HIGH COURT

Year of decision: 2013
Details

Negotiable Instruments Act, 1881, Section 138, 145, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Signatures differ - Complaint u/s 138 NI Act and u/s 420 IPC - Cognizance taken u/s 420 IPC - Evidence on affidavits - Not applicable to offence under Indian Penal Code - Process for an offence u/s 420 IPC cannot be issued without following procedure laid down..........

Showing : 121-130 of 2901 Results