Showing : 391-400 of 5046 Results

MADRAS HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Act does not define word `Dishonour' - However, title of S.138 of the Act lists insufficiency of funds one of the situations that could contribute to dishonour of cheque - Every debt or liability upon which cheque is issued is not enforceable under the Act...........
MADRAS HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 118-- Dishonour of cheque - Complaint u/s 138 of the Act - Presumption - Strict liability - Can be enforced only when cheque is issued in discharge of any legally enforceable debt or other liability partly or wholly - Onus lies on complainant to establish that cheque was signed by drawer in discharge of..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 118-- Dishonour of cheque - Complaint u/s 138 of the Act - Presumption - It is rebuttal by evidence of executant and circumstances of case - Presumption u/s 118 of the Act is that cheque is made for consideration...........
MADRAS HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Object - To inculcate faith in efficacy of banking operations and creditability in transacting `Business on Negotiable Instruments' - Moreover, dishonour of cheque is regulatory offence/civil liability which is created to serve public in ensuring reliability of instrument...........
MADRAS HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint u/s 138 of the Act - Legally enforceable debt - When complainant discharges his burden that cheque issued by accused towards discharge of legally enforceable whole or part of debt or liability, then only accused will be called upon to answer his case - However,..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Complaint u/s 138 of the Act - Offence by company - Drawee expected only to know who are i, charge of affairs of company - Moreover, it is not reasonably expected from drawee to know whether individual who signed cheque was instructed to do so or whether he was deprived of..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 139, 141, 142-- Dishonour of cheque - Complaint by power of attorney holder - Power of attorney filing complaint u/s 138 of the Act and deposing on behalf of payee must have personal knowledge of transaction in question...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 141, 142, 145-- Dishonour of cheque - Complaint by power of attorney holder - Offence by company - Power of attorney holder gave evidence on affidavit u/s 145 of the Act by mentioning in verification clause that all facts stated in affidavit are true to his knowledge - However, cross-examination of CW1 reveals..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 139, 141, 118(a)-- Dishonour of cheque - Complaint u/s 138 of the Act - Offence by company - Blank cheque - As per accused, he signed blank cheques by way of security - As per complainant, cheques issued towards payment of outstanding dues - Onus lies on complainant to prove that amount quantified in cheque is..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Offence u/s 138 of the Act though technical, is punitive in nature - Once accused rebuts initial presumption it is imperative upon complainant to prove beyond reasonable doubt that cheques issued towards existing debt or liability - In the instant case, complainant failed to..........

Showing : 391-400 of 5046 Results