Showing : 831-840 of 2734 Results

SUPREME COURT OF INDIA
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Company - Directors - Resigned before cheques were issued - However, From No.32 was filed with the Registrar of Companies much after the cheques were issued - Held, the effect of delayed presentation before the Registrar of companies can only be decided after parties lead..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Directors of a Company which include partners of a firm are deemed to have committed an offence along with the Company if they are in-charge of the affairs of the Company and responsible to it...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Absence of averments in terms of S.141 of the Act - Complaint can be quashed against only those of the accused against whom averment in terms of S.141 of the Act is required and not the entire complaint...........
CALCUTTA HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205-- Dishonour of cheque - Personal appearance of accused already exempted - His statement u/s 313 Cr.P.C. can be recorded by giving questionnaire to his advocate without insisting on his personal appearance...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonor of cheque - Accused summoned - Magistrate cannot review its own order - Issuance of notice averred in complaint - Notice whether sent as required by law or not is a matter of evidence to be considered at appropriate stage - By impugned order Court has decided the issue itself and has held..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Complaint dismissed in default - Applicability of S.256 Cr.P.C. - Held, provision of S.256 Cr.P.C. is applicable to complaint filed u/s 138 NI Act - Magistrate is required to apply its mind whether it would be fair and proper to adjourn the matter - In this case provision of..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357-- Dishonour of cheque - Compensation - Awarded and paid - A duty is cast upon civil courts to take into account the sum paid or recovered as compensation - Superior Courts can take into consideration such payments received even after passing of decree by trial Court...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint - Amendment - Court has no jurisdiction to allow the amendment of the complaint petition at a later stage...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Necessary ingredients of the offence are : (1) a cheque was issued; (ii) the same was presented; (iii) it was dishonoured; (iv) a notice was served on the person sought to be made liable and; (v) despite service of notice, neither any payment was made nor other obligations,..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Presumption of service of notice - Presumption arises when notice is sent by registered post - Even when a notice is received back with an endorsement that the party has refused to accept, still then a presumption can be raised as regards the valid service of notice...........

Showing : 831-840 of 2734 Results