Showing : 3691-3700 of 4908 Results

ORISSA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200-- Recording of statement of complainant is not dispensed with by incorporation of Sections 145 and 146 of the Negotiable Instruments Act...........
ORISSA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200-- Notice - Fact of service of notice mentioned in complaint but not specifically mentioned in statement - Statement not to be read in isolation from the complaint - A conjoin reading of complaint and statement clearly reveal the essential ingredients of the provision...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2005
Details
Evidence Act, 1872, Section 138-- Cross examination - Absence of - Witness tendered for cross examination without there being any examination in chief - Adverse inference cannot be drawn when that witness is not cross examined as cross examination without there being examination-in-chief is not permissible and it amounts to giving..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice issued - Drawer sought some time to make the payment - On request of drawer cheque again presented - Cheque again dishonoured - Notice issued and on failure to make the payment complaint filed - Cause of action accrues only once - Complaint on the basis of dishonour of..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Has to be given within 15 days of receipt of information from bank - If no notice is given within 15 days, no cause of action arises to file complaint...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint can be filed within one month of service of notice, in case of non payment - One month for filing complaint is to be reckoned from the day immediately following the day on which the period of fifteen days from the date of receipt of notice by the drawer expires...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Cheque can be presented any number of times within its validity but it will not give fresh cause of action every time - Cause of action accrues only when notice is given and drawer fails to make the payment - Cause of action arises only once...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Offence u/s 138 - Facts to be proved are: (a) that the cheque was drawn for payment of an amount of money for discharge of a debt/liability and the cheque was dishonoured; (b) that the cheque was presented within the prescribed period; (c) that the payee made a demand for payment of the money by..........
GAUHATI HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque drawn in favour of `Self' - Cheque not endorsed in favour of complainant - Held, complainant is neither a payee nor a holder in due course - Dishonour of self drawn cheque does not amount to penal offence u/s 138 of the Act...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Company - Person incharge and responsible to the company - Quashing of complaint sought on ground that complaint when read as a whole not disclosing commission of an offence or that some of the accused are lawyers and/or other professionals who had no scope for direct participation in the conduct..........

Showing : 3691-3700 of 4908 Results