Showing : 2501-2510 of 4960 Results

BOMBAY HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Cheque signed by accused in the capacity of Director of the Company - Sufficient averments in complaint to satisfy the requirements of S.141 of the Act - Order setting aside issuance of summoning order set aside - Complaint restored for decision in accordance with law...........
MADRAS HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 406-- Dishonour of cheque - Transfer of case - Respondent/complainant issued legal notice from Sankari but all other transactions arose at Tirupur - Held, since apart from issuance of notice, all other transactions including cause of action arose at Tirupur, therefore, cases are liable to be transferred..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 138-- Dishonour of cheque - Legally enforceable debt - Presumption - Signatures and execution of cheque admitted - Presumption available does not stand rebutted by merely saying that cheque was neither given for business transaction nor for a liability...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Postal receipt issued on the proforma meant for telephone bill - Postal receipt revealing that it was issued with regard to registered post letter and not for telephone bill...........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint cannot be dismissed questioning the financial soundness of the complainant to lend the amount - Statutory presumption not rebutted - Ingredients of offence made out - Acquittal, held, not proper - Accused convicted...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Alteration in postal receipt - Figure `97' having darker ink than other figures - It does not appear to be alteration rather it is natural one...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Company - Prosecution of Company and Directors - Quashing of proceedings against Director - Respondent was not a director at the time of issuance of cheque - No specific averment in complaint as to the role of the Directors - High Court quashing proceedings - Order upheld...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Company - Prosecution of Directors of company - In order to fasten the vicarious liability the averment as to the role of the concerned Directors should be specific - Description should be clear and there should be some unambiguous allegations as to how the concerned..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Company - Director - Mechanical repetition of the requirements u/s 141(1) of the Act is not sufficient - There should be necessary averments in the complaint as to how and in what manner the accused was guilty of consent and connivance or negligence and therefore, responsible..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Company - Prosecution of Company and Directors - Quashing of proceedings against Director - Respondent was not a director at the time of issuance of cheque - No specific averment in complaint as to the role of the Directors - High Court quashing proceedings - Order upheld...........

Showing : 2501-2510 of 4960 Results