Showing : 421-430 of 2684 Results

SUPREME COURT OF INDIA
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Vicarious liability - Principles governing - (i) The primary responsibility is on the complainant to make specific averments as are required under the law in the complaint so as to make the accused vicariously liable - For fastening the criminal liability, there is no..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Postal receipt issued on the proforma meant for telephone bill - Postal receipt revealing that it was issued with regard to registered post letter and not for telephone bill...........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint cannot be dismissed questioning the financial soundness of the complainant to lend the amount - Statutory presumption not rebutted - Ingredients of offence made out - Acquittal, held, not proper - Accused convicted...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Alteration in postal receipt - Figure `97' having darker ink than other figures - It does not appear to be alteration rather it is natural one...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Company - Prosecution of Company and Directors - Quashing of proceedings against Director - Respondent was not a director at the time of issuance of cheque - No specific averment in complaint as to the role of the Directors - High Court quashing proceedings - Order upheld...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Company - Director - Mechanical repetition of the requirements u/s 141(1) of the Act is not sufficient - There should be necessary averments in the complaint as to how and in what manner the accused was guilty of consent and connivance or negligence and therefore, responsible..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Vicarious liability - Principles governing - (i) The primary responsibility is on the complainant to make specific averments as are required under the law in the complaint so as to make the accused vicariously liable - For fastening the criminal liability, there is no..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Two cheques issued by two separate persons during the course of same transaction - Single complaint - Maintainability - Held, persons accused of the same offence committed in the course of same transaction can be charged joint - No illegality in holding a joint trial. (Criminal Procedure Code,..........
MADHYA PRADESH HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Two notices sent to accused but returned due to non availability of accused - Third notice duly served on accused - Held, limitation for filing complaint would start from the date of service of third notice...........
JHARKHAND HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Agreement between complainant and accused took place at Jamshedpur - Agreement conferred jurisdiction on court at Jamshedpur in the event of legal dispute having arisen - Held, criminal case cannot be quashed on ground of want of jurisdiction...........

Showing : 421-430 of 2684 Results