Showing : 381-390 of 5180 Results

KERALA HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 138-- Cross examination - Failure of a party to put his case to the opposite party in his cross examination is that he admits the truth of the testimony and he cannot dispute it...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 203-- Dishonour of cheque - Complaint against Manager, Secretary and member of Society - Issuance of process - Complaint against Manager not made out - Complaint against him be dismissed instead of discharging him...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint against Manager, Secretary and member of Society - Disputed cheque is signed by Secretary and Member of Society - Manager is not signatory to disputed cheque - He cannot be thus, prosecuted for an offence u/s 138 of the Act - Complaint qua Manager of society..........
KERALA HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - When prosecution is initiated against individual or proprietary concern, it is only the drawer of cheque who can be prosecuted, provided that account is maintained by said person - Neither no, signatory can be prosecuted nor can prosecution be sustained against person in..........
KERALA HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Culpability attached to dishonour of cheque can in no case "except in case of S.141 of N.I. Act" be extended to those on whose behalf the cheque is issued...........
KERALA HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Criminal prosecution u/s 138 of the Act, is neither for recovery of money nor for enforcement of any security etc. - It is a penal provision, commission of which offence entails conviction and sentence on proof of guilt in duly conducted criminal proceedings...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 307, Evidence Act, 1872, Section 3, 138, Criminal Procedure Code, 1973, Section 313-- Attempt to murder - Injury dangerous to life - Medical opinion - Doctor stated injury dangerous to life but in his examination-in-chief stated nothing as to on what basis he has declared injury as dangerous to life - Accused, thus, had no occasion to cross examine him on this point - It is not..........
ORISSA HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, Evidence Act, 1872, Section 45-- Dishonour of cheque - Comparison of signatures by handwriting expert - No specific plea taken by accused as to amount, date and beneficiary name in the disputed cheque - Even no prayer was made by accused as to on what aspect handwriting expert would examine the cheque - It is the duty of defence..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Business transaction - Accused had no transaction with complainant firm - In fact, accused was having business dealing with proprietor concern of son of complainant - Neither complainant pleaded in his complaint that accused issued cheque in discharge of liability of third..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Handing over cheque - Mere handing over cheque does not make petitioner a consenting party to the act of giving the cheque - Proceedings qua petitioner quashed...........

Showing : 381-390 of 5180 Results