Showing : 381-390 of 4908 Results

CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Motor Vehicles Act, 1988, Section 138, 139, Chhattisgarh Motor Vehicle Rules, 1994, Rule 158-- Constitutional validity of R.158 of the Rules, 1994 after amendment of 2013 - Prospective - Law laid down under R.158 of the Rules, 1994 is prospective in nature because it operates from date when it comes into force when it is enacted - Therefore, if law affects some persons who are already doing..........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Motor Vehicles Act, 1988, Section 138, 139, Chhattisgarh Motor Vehicle Rules, 1994, Rule 158, Constitution of India, 1950, Article 226-- Seating arrangement - Judicial review - It is for State and Transport Department to decide which bus should be permitted to have sleeper in it - Even, such decision is to be taken by experts and Courts cannot exercise its power of judicial review in such matters - Moreover, argument of petitioner..........
KERALA HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Self cheque - Word `or bearer' not scored off - It is thus a bearer cheque - Possessor of such a cheque for consideration can be termed as a holder in due course...........
KERALA HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 87-- Dishonour of cheque - Overwriting of a digit in the amount entered in figures - It is material alteration only when there is corresponding correction in amount written in words - When there is no corresponding correction or alteration in the amount entered in words it cannot be considered as a..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Debt or legal liability - Presumption - Evidence on record established that accused was under an obligation or liability to make payment of cheque amount - However, accused failed to make payment of said amount despite service of demand notice - Accused tried to prove no,..........
DELHI HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Legally enforceable debt - Chit fund business - Settlement letter - Letter formation in the signatures quite different from that in the body of the document itself - Moreover complainant did not even aver with regard to the execution of settlement letter - Legal presumption..........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 142, 142A-- Dishonour of cheque - Jurisdiction - Constitutional validity of amended provision conferring jurisdiction at place where cheque is delivered for collection through an account where payee and holder maintain his account - Amendment does not take away fundamental right of accused, as he still has a..........
GUJARAT HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389-- Dishonour of cheque - Suspension of sentence during pendency of appeal - With direction to deposit 30% of cheque amount - Condition not harsh - However, at the most petitioner may be entitled to some instalments for making such payment so as to make him convenient to deposit such amount -..........
KERALA HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Bank account closed - Law as to - (a) Cheque issued of an account which was already closed; (b) Bank account closed after issuance of cheque; (c) Bank account closed by Bank without knowledge of account holder (for example treating the account as a non performing account) -..........
KERALA HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 420-- Dishonour of cheque - Complaint filed u/s 420 IPC - Magistrate forwarded complaint to police for investigation u/s 156(3) Cr.P.C. - Complainant pleaded all necessary averments and allegations to invite an offence u/s 138 NI Act - Trial Court ought not to have forwarded complaint to police for..........

Showing : 381-390 of 4908 Results