Showing : 5001-5010 of 5210 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 1995
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - `Account closed' - Closure of account is not a bar on Magistrate to take cognizance of complaint u/s.138 of the Act...........
ANDHRA PRADESH HIGH COURT
Year of decision: 1995
Details
Negotiable Instruments Act, 1881, Section 138-- Proviso - Fails to make the payment' do not mean `Failure without reasonable cause' - Drawer of the cheque is not entitled to lead evidence that he had no reason to believe when he issued the cheque that it may be dishonoured on presentment for the reasons mentioned in S.138...........
ANDHRA PRADESH HIGH COURT
Year of decision: 1995
Details
Negotiable Instruments Act, 1881, Section 138-- Exclusion of mens rea in S.138 for fastening criminal liability strictly not arbitrary and hence not violative of Article 14 of the Constitution of India...........
ANDHRA PRADESH HIGH COURT
Year of decision: 1995
Details
Negotiable Instruments Act, 1881, Section 138, Sick Industrial Companies (Special Provisions) Act, 1985, Section 17, 22-- Prosecution of a Company for an offence u/s 138 is not prohibited by S.17 of Sick Industrial Companies (Special Provisions) Act...........
ANDHRA PRADESH HIGH COURT
Year of decision: 1995
Details
Negotiable Instruments Act, 1881, Section 138-- Liability arises only when cheque is issued to discharge any debt or other liability - Mere issue of cheque for any other purpose like gift or present without sufficient funds in Bank does not constitute offence...........
ANDHRA PRADESH HIGH COURT
Year of decision: 1995
Details
Negotiable Instruments Act, 1881, Section 138-- `Another person' - Covers payee and holder in due course and not a mere holder or endorsee without consideration...........
ANDHRA PRADESH HIGH COURT
Year of decision: 1995
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Initial burden lies on complaint to show that cheque was issued to discharge a legally enforceable debt or other liability - Then only burden shifts to the drawer of the cheque to rebut that presumption...........
ANDHRA PRADESH HIGH COURT
Year of decision: 1995
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Fine in excess of Rs.5, 000/- can be imposed by Judicial Magistrate First Class or Metropolitan Magistrate if situation so warrants even if the power of court to impose fine is limited only upto Rs.5, 000/- by S.29 Cr.P.C...........
ANDHRA PRADESH HIGH COURT
Year of decision: 1995
Details
Negotiable Instruments Act, 1881, Section 138, 139, 140, 141, 142-- Chapter XVII consisting of Ss.138 to 142 not ultra vires the powers of union Parliament to enact such provisions - Matters covered by S.138 fall within Entries 45 and 46 of List-I (Union List.)..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1995
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Quashing of complaint sought on the plea that notice is beyond 15 days - Accused to raise this plea before trial Magistrate by filing a separate application and the matter to be decided by a separate order...........

Showing : 5001-5010 of 5210 Results