Showing : 51-60 of 5191 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Offence by company - Petitioner being director of company resigned from company 10 years before issuance of cheques in question - He does not fall within scope of S.141 of the Act - Summoning order along with all subsequent proceedings qua petitioner quashed...........
BOMBAY HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Summoning order - Plea that complaint is filed with malafide intention - Can be decided only during trial after giving opportunity to the parties to lead evidence...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Offence by company - Where a cheque issued by a company is dishonoured, it is requirement of the Act that every person who at the time offence was committed was in charge of and was responsible to company for conduct of business of company shall be deemed to be guilty of..........
BOMBAY HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Summoning order - Cheque whether issued to discharge legal liability or complainant used the blank cheque with wrongful intention - It is a matter of evidence which will be adduced during trial...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Presumption - Rebuttal - Defence of accused that he made payment for the commodities/rice bags but blank cheques were not returned by complainant - Quite unbelievable and unacceptable...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Presumption - Absence of averment in complaint that cheques were issued for the purchase made on credit - However, complainant clearly stated in his evidence that cheques were issued for the commodities purchased on credit - Courts below erred in brushing aside the evidence..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Evidence Act, 1872, Section 138, Civil Procedure Code, 1908, Order 9-- Defendant proceeded ex parte - Such defendant has right to cross examine witnesses of plaintiff, where evidence of plaintiff had not concluded...........
CALCUTTA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Pre mature complaint - Intention not to make payment when communicated before expiry of 15 days from the date of receipt of notice then not to file complaint before expiry of 15 days becomes redundant...........
CALCUTTA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Debt or liability - Once a cheque is issued, presumption arises u/s 139 of the Act and this presumption is rebuttable - Court has to presume that cheque has been issued for a debt or liability...........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 311, Negotiable Instruments Act, 1881, Section 138-- Recall of PW1 - Complaint u/s 138 of N.I Act - Grounds for recalling PW1 not mentioned in the application - Complaint u/s 138 of N.I Act pending since 2010 and witnesses of complainant already been cross-examined in 2017 - Application filed by accused appears to be totally incompetent as necessary..........

Showing : 51-60 of 5191 Results