Showing : 771-780 of 2758 Results

DELHI HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Company - Petitioner arrayed as a party on account of some misunderstanding - Complainant having no objection if complaint against petitioner is quashed - Complaint qua petitioner quashed...........
JHARKHAND HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Received back with postal endorsement `Refused' - No signature of any of the witness before whom the accused refused to take the notice - Postal peon not examined - Service of notice not proved - Acquittal upheld...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Non appearance of counsel of appellant - Case dismissed for non prosecution - Case was filed in 2005 and was listed on 17.3.2008 for first time and on next day it was dismissed for non prosecution - Order of High Court set aside - Case remanded back...........
KERALA HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, 46, 48-- Dishonour of cheque - Holder in due course - Other than the payee - There must be indorsement in his favour and delivery of cheque - Delivery of cheque alone is not sufficient...........
RAJASTHAN HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Conviction of accused - Appeal against judgment of conviction and order of sentence - Appellate Court while suspending execution of sentence imposed condition of asking appellant to remain present in court - Held, condition is harsh and puts accused in difficult position -..........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, Legal Services Authorities Act, 1987, Section 20, 21, Civil Procedure Code, 1908, Order 21, Rule 1-- Dishonour of cheque - Complaint transferred to Lok Adalat - Compromise by parties - Award of Rs.4 lacs passed - Such an award is a decree and same is executable under CPC - Execution - Pecuniary jurisdiction of Court restricted to Rs.1 lac - Held, execution petition is not liable to be dismissed..........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, Legal Services Authorities Act, 1987, Section 20, 21-- Dishonour of cheque - Complaint - Transferred to Lok Adalat - Compromise by parties - Lok Adalat passed an award for Rs.4 lacs - Such an award is a decree - The same is executable under Civil Procedure Code...........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, Legal Services Authorities Act, 1987, Section 20, 21, Civil Procedure Code, 1908, Order 21, Rule 1-- Dishonour of cheque - Complaint transferred to Lok Adalat - Compromise by parties - Award of Rs.4 lacs passed - Such an award is a decree and same is executable under CPC - Execution - Pecuniary jurisdiction of Court restricted to Rs.1 lac - Held, execution petition is not liable to be dismissed..........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, Legal Services Authorities Act, 1987, Section 20, 21-- Dishonour of cheque - Complaint - Transferred to Lok Adalat - Compromise by parties - Lok Adalat passed an award for Rs.4 lacs - Such an award is a decree - The same is executable under Civil Procedure Code...........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Presumption - Once issuance of cheque is proved then burden shifts to accused to prove that it was not issued in order to discharge any existing legal liability for repayment of debt - Standard of proof for rebuttal of such presumption is not heavy - The accused is required..........

Showing : 771-780 of 2758 Results