Showing : 1341-1350 of 2737 Results

KERALA HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Partnership firm - Sleeping partner - Not liable - Mere fact that a partner has financial stake in the business of the firm is not sufficient in itself to attract culpable liability under Section 141(1) of the Act - To attract culpable liability a partner must be in charge of..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138-- L.R's - Proceedings u/s 138 cannot be initiated against legal heirs of the person who issued the cheque...........
KERALA HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Blank cheque - Even if the signature in the cheque is admitted there is no presumption available that it is executed by the accused...........
KERALA HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Blank cheque - It cannot be presumed that an implied authority is given to the holder of the cheque to fill it up towards discharge of a debt etc. - There must be allegation in complaint and evidence that blank cheque was issued with implied authority to holder to fill up the same...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Company - Prosecution of Company, its Chairman, Managing Director and Director - Petitioner denied that he was ever Chairman of Company - No evidence except affidavit of complainant - Petitioner did not sign the cheque - Authentic and unimpeachable documents placed on record..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Legally enforceable debt - Cheque issued to retiring partner - Specific plea of accused that complainant is still a partner - Evidence as to retirement from partnership not adduced - When there is failure to prove factum of retirement from partnership the only reasonable..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138-- Different cheque number - Cheque number different than that reflected in the settlement deed entered into between the partners - Factum of agreement of liability admitted - Number of cheque presented, number of cheque reflected in notice and number of cheque mentioned in complaint same - Drawer of..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Demand of double the amount - Provision as to issuance of notice is satisfied when notice is issued within prescribed time, at the correct address with particular details of cheque, their dates, amounts, the date of presentation of the cheques and the dates when the cheques were returned..........
KERALA HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3)-- Dishonour of cheque - Conviction - Accused sentenced to six months imprisonment and direction to pay cheque amount as compensation to complainant - Default sentence undergone - Fact that default sentence was undergone is no immunity against subsequent attempt for recovery of fine amount if such..........
BOMBAY HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357-- Dishonour of cheque - Conviction - Order of imprisonment and fine - No order as to compensation - Order of sentence and fine set aside - Matter remitted for decision afresh on the question of sentence and award of compensation...........

Showing : 1341-1350 of 2737 Results