Showing : 501-510 of 2739 Results

DELHI HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Demand of Interest, compensation, incidental expenses etc. - Held, If the payee of the cheque makes some demands on account of interest, compensation, incidental expenses etc. that would not invalidate the notice so long as the principal amount demanded by the payee..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4)-- Dishonour of cheque - Appeal against acquittal - Two views - Held, in a case, when two views are possible, one which favours the accused, has to be adopted by Court...........
KARNATAKA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Hand loan of Rs.50, 000/- - Denied by accused - Complainant having no financial capacity to lend the loan amount - Except cheque no other documentary proof - S.269-SS of Income Tax Act, 1961 insists that all transactions involving Rs.20, 000/- and above, should be through..........
ORISSA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque on ground of stop payment - Order of cognizance and issuance of process challenged in revision on the ground that the cheque was issued only as a security - Held, at the stage of taking cognizance, Court is look into the materials placed before it by the complainant - The Court..........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque alleged to be issued against loan - Held, when theory of loan transaction is propounded on behalf of the complainant, the financial capacity of the two parties also assumes significance...........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - No document to show loan - Persons in whose presence loan was given not examined - Evidence of PW2 inconsistent and contradictory - Cheques were given as part repayment of purchase money of the shop - Complainant had no financial capacity to advance loan - Defence probable -..........
ORISSA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 142(b)-- Dishonour of cheque - Limitation - Held, day on which cause of action accrued has to be excluded for reckoning period of limitation for filing complaint u/s 138 of Act...........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Money lender - Claim by money lender against borrower without a valid and operative money lending license covering period of transaction is unenforceable claim u/s 138 of the Act - Complaint is bound to be dismissed...........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Rebuttal - Accused has to be specific as to why the cheque was issued - If it was issued for the purpose of security or any other purpose and not to discharge any debt or liability then only Court may be justified to hold that cheque issued did not come within..........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Only legally enforceable debt or liability can be enforced in the proceedings u/s 138 of the Act, as the explanation to the penal provision is abundantly clear that the dishonoured cheque must have been received by the complainant against a legally enforceable debt or..........

Showing : 501-510 of 2739 Results