Showing : 401-410 of 5046 Results

BOMBAY HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Dishonour of cheque - Complaint u/s 138 of the Act - Payee/holder in due course of cheque alone competent to file complaint u/s 138 of the Act - In case payee is company, complaint necessarily be filed in name of company - Company being juristic person can act only through representative..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427-- Dishonour of cheque - Conviction in 5 cases - Concurrent running of sentences - Accused is languishing in jail since 2013 and had already undergone sentence of more than 4 years - In none of cases provision of S.427 Cr.P.C. was taken note by Court below - Sentence in all cases directed to run..........
KERALA HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Conviction till rising of Court and to pay compensation - Accused undergone nominal imprisonment and also paid compensation amount - Held, this by itself does not take away his precious right to file an appeal to challenge the very basis of conviction...........
KERALA HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Managing Director or Joint Managing Director - There is no need of specific averment in complaint that they are in charge and responsible for the conduct of business of the company as they by virtue of the office they hold are in charge and responsible for the conduct of..........
KERALA HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Legal principles applicable to Managing Director of a company apply with equal vigour in case of Managing partner of a partnership firm...........
KERALA HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Partnership firm - Firm and Managing Partner arrayed as accused - Non inclusion of two more partners who are alleged to be responsible and in charge of business of the partnership firm at the time of committing the offence - Held, no, inclusion of other partners as accused..........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4)-- Dishonour of cheque - Acquittal - Appeal - Lies in the High Court if special leave for such appeal is granted u/s 378(4) Cr.P.C...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Offence by company - Vicarious liability - It is necessary for Courts to ensure strict compliance of statutory requirements as well as settled principles of law before making a person vicariously liable...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Offence by company - Vicarious liability - For making a Director of a company liable for offences committed by Company, there must be specific averments against Director showing as to how and in what manner Director was responsible for conduct of business of company...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Offence by company - Vicarious liability - Erstwhile Director of company - Cheques in question neither issued by accused/Director nor he was involved in the day to day affair of company - Name of accused not shown as involved in the working of company - Accused resigned even..........

Showing : 401-410 of 5046 Results