Showing : 511-520 of 2739 Results

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...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 145-- Dishonour of cheque - Accused cannot be permitted to lead his evidence by way of affidavit...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 145(2)-- Dishonour of cheque - Evidence on affidavits - In the event an application is made by the accused, Court would be obliged to summon the person giving evidence on affidavit without having any discretion in the matter - Witness can be subjected to cross examination as to the facts stated in the..........
KARNATAKA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Not issued within time - Acquittal upheld - Bank vide its letter dt.13.1.2003 intimated its dishonour - Complainant issued notice on 8.2.2003 - Amendment of notice period from 15 days to 30 days brought into force on 6.2.2003 - Amendment not retrospective in nature -..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 145(1), 145(2)-- Dishonour of cheque - Documents produced along with the affidavit - Affidavit can contain the formal proof of the enclosed documents - However, if accused raises any objection with regard to the validity or sufficiency of proof of the documents submitted alognwith the affidavit and if the..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 145(2)-- Dishonour of cheque - Evidence on affidavits - It is not necessary to call the complainant or his witness who has given evidence on affidavit into the witness box for examination-in-chief to get the inadmissible portions in the affidavit excluded from his evidence - In case the complainant's..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 143, 144, 145, 146, 147-- Dishonour of cheque - Provisions of Ss.143 to 147 which came into effect from 6.2.2003 apply to the cases which were pending on the date the provisions came into force...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 145(2), Criminal Procedure Code, 1973, Section 296(2)-- Dishonour of cheque - Provisions of S.296(2) Cr.P.C. and S.145(2) Negotiable Instruments Act are not identical - Provision of S.296(2) Cr.P.C. deals with the evidence of a formal nature whereas provision of S.145(2) NI Act all evidences including substantive evidence may be given on affidavit -..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 143, 144, 145, 146, 147-- Dishonour of cheque - Ss.143, 144, 145 & 147 expressly depart from and override the provisions of the Code of Criminal Procedure, the main body of adjective law for criminal trials - The provisions of S.146 similarly depart from the principles of Indian Evidence Act...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Drawee accepting cheque from drawer on the assurance of third person that cheque will be honoured - Third person cannot be liable - Complaint qua him quashed...........

Showing : 511-520 of 2739 Results