Showing : 311-320 of 2660 Results

SUPREME COURT OF INDIA
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357-- Dishonour of cheque - Conviction and sentence - Compensation - Default sentence in case of failure to pay compensation amount - Held, a sentence of imprisonment can be granted for default in payment of compensation awarded under S.357(3) Cr.P.C...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3)-- Dishonour of cheque - Conviction and sentence - Compensation - Default in payment of compensation - Default sentence - Held, it is imperative for the Courts to look at the ability and the capacity of the accused to pay the compensation amount otherwise the very purpose of granting an order of..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3), 431, 421-- Dishonour of cheque - Compensation - Non payment - Recovery - An order of compensation u/s 357(3) will be recoverable in the same way as if it were a fine...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - `Stop payment' - Offence u/s 138 of the Act is committed in case of `Stop payment' irrespective of insufficiency of funds in the account...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - `Stop payment' - `Lost cheque' - While issuing instructions to bank to `stop payment' it was not mentioned that cheque was lost - Accused failed to reply to the statutory notice - Leads to inference that there was merit in the complainants version...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Rebuttal - Standard of proof for rebuttal of presumption u/s 139 of the Act is that of preponderance of probabilities - If accused is able to raise a probable defence which creates doubts about the existence of a legally enforceable debt or liability, the..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Rebuttal - To rebut the presumption u/s 139 of the Act accused can rely on the materials submitted by the complainant in order to raise such a defence...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Presumption u/s 139 of the Act does indeed include the existence of a legally enforceable debt or liability...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 147, 138-- Dishonour of cheque - Compounding of offence can be even at the appellate stage - Compounding of offence at a late stage is a strain on the judicial system - Free and easy compounding of offences at any stage gives an incentive to the drawer of the cheque to delay settling the cases for years -..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - With respect to the offence of dishonour of cheques, it is the compensatory aspect of the remedy which should be given priority over the punitive aspect...........

Showing : 311-320 of 2660 Results