Showing : 2221-2230 of 4885 Results

CALCUTTA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Dishonour of cheque - Power of attorney holder - Complaint - Singing of complaint and Vakalatnama - Complainant has been permitted to continue with proceedings through her constituted attorney holder `S' - Held, there was no necessity of permitting complainant to put her signature on petition of..........
DELHI HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Jurisdiction - Transaction took place at Mandi Gobindgarh - Cheque drawn of a Bank at Mandi Gobindgarh - Complainant presenting cheque for collection at Delhi - Cheque dishonoured - Registered/head office of complainant at Delhi - Notice of demand served from Delhi - Held,..........
RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 145-- Dishonour of cheque - Evidence at pre summoning stage - Complainant can give evidence of his own as well as evidence of his witnesses by way of affidavit - Evidence of complaint on affidavit is not restricted to the complainant himself, but it also includes the evidence by way of affidavit of any..........
CALCUTTA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205-- Dishonour of cheque - Exemption from personal appearance - Application for - Rejection of - Validity - Order of rejection was passed on merit and not because petitioners without appearing in Court moved such application - Held, order of rejection liable to be set aside - Order of warrant of arrest..........
KERALA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3)-- Dishonour of cheque - Sentence of imprisonment only - Revision against inadequacy of sentence - Revisional Court when finds that sentence is insufficient and the sentence awarded is illegal, then it can award compensation even if there is no alteration of the substantive sentence - Moreover when..........
MADHYA PRADESH HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Cognizance taken on the basis of affidavits - Plea that order taking cognizance on the basis of affidavits alone is improper and illegal and that it is mandatory to record statement of complainant as well as witnesses before taking cognizance - Held, statement on affidavit is..........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Not sent within 15 days of receipt of information from the bank regarding the return of cheque unpaid - It was a mandatory requirement - Conviction recorded by two courts below set aside...........
MADHYA PRADESH HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque issued by a partnership firm dishonoured because of `death of partner' - Ground on which cheque was dishonoured does not fall within the purview of Section 138 of the Act - Accused acquitted...........
RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45-- Dishonour of cheque - Handwriting expert - Signatures admitted but handwriting denied - Reply not given to the demand notice - Thereafter accused took plea of loss of cheque - Held, defence of accused can be considered at time of final adjudication of matter - Application of accused merits..........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Dishonour of cheque - Cause of action - Subsequent legal notice - Held, cause of action to file complaint arose on service of first legal notice - When respondent No.2 failed to file complaint within stipulated period after service of first notice then right to file complaint stood extinguished on..........

Showing : 2221-2230 of 4885 Results