Showing : 91-100 of 285 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Company - Managing Director negotiated loan - Cheque issued by company for repayment of loan - Managing Director resigned - Cheque dishonoured thereafter - Managing Director who had negotiated loan cannot escape liability though he had resigned - It was he who had taken..........
KERALA HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 139, 138-- Dishonour of cheque - Court is not bound to adjudicate on the liability under the cheque in dispute - However, when execution of cheque itself is disputed and not proved, Court has to consider original transaction for arriving at a safe conclusion...........
DELHI HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - `Legally enforceable debt' - Lack of pleading - There is no requirement that the complainant must specifically allege in the complaint that there was a subsisting liability - The burden of proving that there was no existing debt or liability is on the accused which they have..........
BOMBAY HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Issue of process - If complainant makes prima facie averments in complaint such as : (a) Drawing of a cheque in favour of the complainant and the cheque having been signed with a specific amount; (b) Dishonour of cheque and intimation thereto by the concerned bank in writing;..........
BOMBAY HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Complaint - Quashing of - Existence of debt or any other liability, loss of cheque and complaint to the bank and police station and denying the liability of the cheque amount - All these issues can only be decided after parties adduce evidence - No case made out to invoke..........
BOMBAY HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Payment after commission of offence - Once the offence is committed, any payment made subsequent thereof, will not absolve the accused of the liability of the criminal offence, though in the matter of awarding of sentence, it may have some effect on the Court trying the..........
BOMBAY HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Termination of service of employee - Accused No.1 Managing Director of company, accused No.2, and partner of firm, accused No.3 - Complainant proved that accused issued the cheque to meet the liability of the company and firm whose Managing Director/partner he was - Accused..........
DELHI HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Company - Prosecution of Company, Chairman and Vice-President - Petition by Vice-President for quashing of proceedings - Specific plea in complaint that Vice-President negotiated with the complainant in respect of the transaction and held out assurances that liability would..........
BOMBAY HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Existence of a debt or legally enforceable liability - Can only be decided after parties lead evidence - Proceedings cannot be quashed on the ground of non existence of debt or legally enforceable liability...........
BOMBAY HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Extension of date of cheque - When a drawer revalidates cheque from time to time, which is permissible, then on each occasion there is a fresh promise as envisaged by S.25 of Contract Act as well as an acknowledgment within the meaning of S.18 of Limitation Act if such..........

Showing : 91-100 of 285 Results