Showing : 3401-3410 of 5003 Results

KARNATAKA HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Sent through registered post at correct address - Notice received back `unclaimed' - Held, notice is presumed to have been served...........
KARNATAKA HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint - Forms part of the record and it need not be marked and non marking is not fatal to the complainant's case...........
KARNATAKA HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - It is for drawer to rebut presumption - In absence of rebuttal evidence, it is to be presumed that cheque was issued for discharge of debt or other liability...........
KERALA HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 190, 178, Constitution of India, 1950, Article 227-- Dishonour of cheque - Cause of action arose within State of Kerala but complaint filed in a Court outside the State of Kerala - Kerala High Court is not competent to quash the complaint or interfere with the proceedings before a criminal court, outside the jurisdiction of the Court...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Issuance of cheque in discharge of legal liability - Presumption as to - Rebuttable - To rebut presumption it is not necessary to lead positive evidence - Presumption can be rebutted from the circumstances on record - For rebutting such presumption, what is needed is to raise..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Rebuttal of presumption as to issuance of cheque in discharge of legal liability - Complainant a businessman not producing any account to prove advancement of loan - Failure to produce even loan agreement - Presumption stands rebutted - To rebut presumption accused need not..........
MADHYA PRADESH HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Production of books of account maintained by complainant - Permissible only when debt or liability is disputed by accused and existence of account books/papers is admitted by complainant...........
BOMBAY HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Computers taken on rent - Blank cheques given - Destruction of computers by accidental fire - Dishonour of cheque - No averment that it was due to negligence of accused - Accused is not liable u/s 138 of the Act - Bailee in absence of any special contract is not responsible..........
BOMBAY HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Not received by accused - Cheque presented again - Bank not accepting the cheque - Bank had no occasion either to honour or dishonour the cheque - No cause of action - Complaint dismissed...........
PATNA HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138, 142(b)-- Dishonour of cheque - Delay in filing complaint - Cognizance wrongly taken - Accused discharged...........

Showing : 3401-3410 of 5003 Results