Showing : 3361-3370 of 5196 Results

KERALA HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Partnership firm - Complaint by Managing Partner of a firm in respect of a cheque issued in favour of firm is maintianble...........
DELHI HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Company - Accused summoned being Directors of Company - Defence of accused that they had nothing to do with the affairs of the company - Held, that complainant had pleaded in his complaint that petitioners were directors of the company and were in-charge and responsible for..........
RAJASTHAN HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Dismissal of complaint in default before taking cognizance but after hearing arguments for taking cognizance - Restoration application filed within 13 days - Complaint restored...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138, 147-- Dishonour of cheque - Compounding of offence - Parties compounding offence during revision - Allowed - Conviction set aside...........
CHHATTISGARH HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice of demand - Has to be in writing - Notice by making telephone call - Not sufficient...........
CHHATTISGARH HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138, Limitation Act, 1963, Section 12, General Clauses Act, 1897, Section 9-- Dishonour of cheque - Notice - Use of word `of' in S.138(b) NI Act is akin to the word `from' used in S.9 of General Clauses Act & S.12 Limitation Act - Thus the date on which information from the bank is received by payee or the holder of cheque is to be excluded while reckoning the period of 30..........
KERALA HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Mere proof of signature on cheque is not proof of its execution - In the absence of any positive evidence regarding the execution of the cheque by accused, it is to be held that the accused had issued only blank cheque and the same was not executed by him - Simply because the..........
KERALA HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Blank cheque theory - `Drawn' - Has to be understood as execution - Putting signature on the blank cheque is not equivalent to the word `drawn' - Word `Drawn' in the provision has to be understood as `execution' of cheque...........
KERALA HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Presumption - Execution and issue of cheque has to be proved to draw the presumption - When execution itself is not proved, presumption u/s 139 of the Act is not available - Admission of signatures on cheque goes a long way to prove due execution - Possession of cheque by the..........
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...........

Showing : 3361-3370 of 5196 Results