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Results of s 138 of ni act

Showing : 81-90 of 2901 Results

ALLAHABAD HIGH COURT

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by one partner to the other towards his share/profit in the firm - Profit or share in a partnership firm is not a debt of one partner to the other - Both the partners in the firm are in the capacity of owners - Owners of the firm, partners are jointly and severally liable - If for..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Once cheque has been signed and issued in favour of holder, there is a statutory presumption that it is issued in discharge of legally enforceable debt or liability - This presumption, of course is rebuttable one if issuer of cheque is able to discharge the burden that it was..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Rebuttal - Accused may adduce evidence to rebut the presumption - But, bare denial of passing of consideration and existence of debt, apparently would not serve the purpose of accused...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Territorial jurisdiction - Cheque issued at a place in Kerala and presented for encashment at Bangalore where complainant had its office - Complaint filed at Gurgaon - Compliant filed at Gurgaon just to harass and putting undue pressure upon accused -..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Re-production of documents for comparing of signatures - Once original documents were produced in preliminary evidence of complainant and opportunity was granted to accused to cross-examine the complainant u/s 145(2) NI Act, then seeking re-production of said documents, more particularly, when those..........

ALLAHABAD HIGH COURT

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Delay in filing complaint - Filing of an application u/s 5 Limitation Act instead of filing an application u/s 142 of the Act - Complaint cannot be dismissed as barred by limitation...........

ALLAHABAD HIGH COURT

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Demand of cheque amount alongwith additional demand - If in the notice, claim/demand of cheque amount as well as other amount for interest, etc. have been made specifying the same separately, the same will not invalidate the notice - Held, notice cannot be said to be invalid notice...........

ALLAHABAD HIGH COURT

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114 -- Dishonour of cheque - Notice - Sent by registered post correctly addressing to the drawer of cheque - Service of notice is deemed to have been effected - Drawer is at liberty to rebut the presumption...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Complainant specifically averred that accused being Directors of company were actively participating in day-today affairs of accused/company - Further, A-1 to A-4 are alleged to be from same family and running accused company together..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Application filed U.O.7.R.14 CPC by mentioning wrong provision of law - Application cannot be dismissed solely on the ground that wrong provision of law has been mentioned - S.311 Cr.P.C. deals with power of Court to summon material..........

Showing : 81-90 of 2901 Results