LawMirror.com

Results of s 138

Andriod Application iphone Application

Showing : 3321-3330 of 6647 Results

DELHI HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partnership firm - Two partners - Death of both the partners - Constitution of new firm consisting of son of deceased partner and his mother - Held, new firm is not liable u/s 138 of the Act - Plea regarding new firm inheriting assets and liabilities of the erstwhile firm is foreign to the criminal..........

CALCUTTA HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Exercise of revisional jurisdiction - Held, in exercising its revisional jurisdiction, High Court is not supposed to further re-appreciate the evidence already appreciated and re-appreciated by trial court and Appellate court - In exercising its such power when invoked by a convict challenging validity,..........

CALCUTTA HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138 - - Dishonour of cheque - Complaint - Demand notice - Information as to return of the cheque in dispute by bank with endorsement "insufficient fund" was received by the complainant on 03.07.2001 - Held, period of 15 days is to be counted from 04.07.2001 and a simple arithmetic would show that the period of 15 days expired on..........

CALCUTTA HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Sentence - Compensation - No opportunity of being heard was given to petitioner before awarding compensation of Rs.1,50,000/-, i.e., double the cheque amount - Held, court did not consider the relevant factors while awarding such a big amount of compensation - That ought to have been done -..........

GUJARAT HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Accused deposed that in the year 2001, appellant /complainant gave him Rs.50,000/- as hand loan - There is no cross examination with regard to this fact - Defence that cheque in question was given towards security has gone unchallenged - Appellant/complainant did not adduce any..........

DELHI HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint by attorney on behalf of partnership firm - Maintainability - Held, requirements of S.142 N.I. Act would stand fulfilled when complaint was made in writing and was instituted by payee or the holder in due course or someone duly authorized by firm - Though S.142 of the Act does not..........

BOMBAY HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Closure of account - Does not come to rescue of accused to avoid penal liability u/s 138 of the Act...........

BOMBAY HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Part of cause of action - Held, if complainant calls upon accused to make payment at place mentioned in demand notice and accused fails to make payment at that place, part of cause of action would undoubtedly arise at that place - Thus, court in whose territorial jurisdiction accused..........

UTTARAKHAND HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Burden of proof - Trial court dismissed the complaint by relying upon statement of complainant that he had given cash to accused and thereafter accused gave him a cheque in order to guarantee - Held, here guarantee has been used in a very loose manner by revisionist/complainant - It certainly does not..........

JHARKHAND HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheques - Acquittal - Validity - Joint business of complainant and accused - Complainant agreed to leave joint business on payment of his invested share amount - Cheque issued by accused got dishonoured - Complainant himself has not come to the Court with clean hands - Case of complainant that he had invested..........

Showing : 3321-3330 of 6647 Results