Showing : 2001-2010 of 2739 Results

DELHI HIGH COURT
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Jurisdiction and cause of action - Distinction - Cause of action is something quite different from jurisdiction - Cause of action must restrict itself to time whereas jurisdiction is a situs...........
KERALA HIGH COURT
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138-- Cheque issued for a time barred debt - Cheque dishonoured - Time barred debt is not a legally enforceable debt - Hence, accused cannot be convicted u/s 138 of the Act...........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138-- Compounding of offence - Trial Court convicted accused - During pendency of appeal parties arriving at settlement - Accused depositing amount of cheque before Appellate Court - Complainant undertook that he will not press for conviction and sentence - Appellate Court to consider subsequent events..........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Company - Person who is incharge and responsible to the Company for conduct of its business is also liable - Substance of the allegations read as a whole, should answer and fulfil the requirements of the ingredients of S.141 of the Act - Allegations made in the complaint when do not fulfil the..........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138-- Pre mature complaint - It can either await maturity or be returned to the complainant for filing later - Complaint cannot be dismissed for the reason that it was presented at an earlier date and it also does not confer any right upon the accused to absolve himself from the criminal liability for..........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Conviction - Trial Court awarding six months simple imprisonment - Accused paying amount due under cheque and interest thereon pending appeal - Held, no useful purpose would be served by sending accused back to jail - Imposing penalty of fine would meet ends of justice -..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138-- Conviction - Appeal against - Compounding of offence - Parties entering into compromise - Accused paid the amount of cheque - Permission accorded to compound the offence...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138-- Director of Company who issued cheque resigned - Not a ground to quash complaint against him - The liability under the provision arises against a person who signs or issues the cheque which is subsequently dishonoured - Veracity of the averment will depend on the evidence produced at the trial...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138-- Complaint beyond period of limitation - Complaint dismissed irrespective of the fact that it is filed u/s 138 Negotiable Instruments Act as well as Ss.420, 467, 471, 470, 120-B IPC, as the summoning order is only u/s 138 Negotiable Instruments Act - However, complainant is at liberty to file a..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138-- Limitation - Notice received by accused on 7.11.1998 - Cause of action to file complaint arose on 22.11.1998 - Complaint could be filed on or before 22.12.1998 - Complaint filed on 6.1.1999 is beyond period of limitation - Complaint dismissed...........

Showing : 2001-2010 of 2739 Results