Showing : 1631-1640 of 4940 Results

MADHYA PRADESH HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Acquittal - Special leave to appeal - Opportunity of hearing to accused - Held, at the stage of hearing for granting special leave to appeal against order of acquittal in High Court in complaint case, opportunity of hearing to accused is not necessary - By hearing..........
MADHYA PRADESH HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Offence by company - Liability of officers - Held, every person who was i, charge of and was responsible to company for conduct of business of company, as well as company, is responsible for offence - A heavy burden is on the shoulder of such person to show that offence has..........
MADHYA PRADESH HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Quashing of proceedings - Certain civil suits are pending between the parties - Held, it will not bestow any right to petitioners to stop proceedings under NI Act when necessary ingredients of NI Act are fulfilled by respondent...........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326(3)-- Dishonour of cheque - Magistrate who recorded part of evidence transferred - Successor Magistrate cannot act on the evidence so recorded by his predecessor - Judgment of acquittal set aside - Case remanded to trial Court for re-trial in accordance with law...........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Cheque given to brother of complainant not to discharge debt or liability but by way of security - Presumption u/s 139 of the Act, held, rebutted - Acquittal - Leave to appeal refused...........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 141, 482- - Dishonour of cheque - Quashing of proceedings - Proprietorship Firm - Liability of proprietor - Cheque has been issued by original accused No.1/Proprietorship Firm and signed by its Proprietor - Said cheque is drawn from bank account maintained by original accused No.1 - Held, it cannot be said..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 147, Criminal Procedure Code, 1973, Section 320, 4(2), Negotiable Instruments Act, 1881, Section 147, Negotiable Instruments Act, 1881, Section 147, Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138, 147, Companies Act, 1956, Section 391, Negotiable Instruments Act, 1881, Section 138, 147, Companies Act, 1956, Section 391-- Dishonour of cheque - Sanctioning of a scheme u/s 391 Companies Act - Does not have the effect of creating new debt - The scheme simply makes the original debt payable in a manner and to the extent provided for in the scheme - Offence which has already been committed prior to the scheme does not..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 147, Criminal Procedure Code, 1973, Section 320, 4(2), Negotiable Instruments Act, 1881, Section 147, Negotiable Instruments Act, 1881, Section 147, Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138, 147, Companies Act, 1956, Section 391, Negotiable Instruments Act, 1881, Section 138, 147, Companies Act, 1956, Section 391-- Compounding and quashing - Difference - Quashing of a case is different from compounding - In quashing Court applies it but in compounding it is primary based on consent of injured party - Two cannot be equated...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 147, Criminal Procedure Code, 1973, Section 320, 4(2), Negotiable Instruments Act, 1881, Section 147, Negotiable Instruments Act, 1881, Section 147, Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138, 147, Companies Act, 1956, Section 391, Negotiable Instruments Act, 1881, Section 138, 147, Companies Act, 1956, Section 391-- Dishonour of cheque - Sanctioning of a scheme u/s 391 of Companies Act - Compounding of offence is not automatic on sanctioning of a scheme u/s 391 of Companies Act - Compounding of offence is always controlled by statutory provision - There are various features in the compounding of an offence..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 147, Criminal Procedure Code, 1973, Section 320, 4(2), Negotiable Instruments Act, 1881, Section 147, Negotiable Instruments Act, 1881, Section 147, Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138, 147, Companies Act, 1956, Section 391, Negotiable Instruments Act, 1881, Section 138, 147, Companies Act, 1956, Section 391-- Dishonour of cheque - Compounding of offence - Offence u/s 138 of the Act is compoundable - But in order to make the offence compoundable the mode and manner of compounding such offences must be followed...........

Showing : 1631-1640 of 4940 Results