Showing : 221-230 of 4940 Results

ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 138-- Cross-examination - Where a party has not subjected himself to cross-examine, it would not be safe to rely on his examinatio, i, chief which has not been subjected to cross-examination...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 138, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20-- Non cross-examination of material defence witnesses on material points by prosecution - Version put forth by said DWs therefore, cannot be brushed aside easily by Courts while placing reliance upon statements made by PWs...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 141, 142-- Dishonour of cheque - Vicarious liability - Complaint u/s 138 of the Act - Offence by company - Every person signing cheque on behalf of company on whose account cheque is drawn - Does not become drawer of cheque - Moreover, such signatory is only a person duly authorised to sign cheque on behalf..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint u/s 138 of the Act - Scheme - Punishment u/s 138 of the Act is different from scheme of Cr.P.C. - Moreover, S.138 of the Act creates an offence and prescribes punishment and no procedure for investigation of offence is contemplated - Even, prosecution is initiated..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 141, 142-- Dishonour of cheque - Vicarious liability - Complaint u/s 138 of the Act - Offence by company - Delay of 3 years in filing of complaint - Cheque was signed and issued by Director of company - No explanation for delay in filing of complaint u/s 138 of the Act - Complaint dismissed...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Ingredients are: (i) that a person shall drew a cheque on account maintained by him with banker; (ii) that such cheque when presented to bank is returned by bank unpaid; (iii) that such cheque was presented to bank within a period of 6 months from date it was drawn or within..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Dishonour of cheque - Offence by company - Dishonour of cheque by bank without valid justification - Payee of cheque has legal rights and remedies for redressal of injury caused by bank in addition to his rights against drawer of cheque...........
DELHI HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Rebuttal - Statutory presumption in favour of complainant stands rebutted because of inconsistent pleas of complainant...........
DELHI HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Wrong cheque number - Wrong cheque number stated in the complaint is not end-all and be-all of the case - Other factors are also required to be seen to decide as to whether complainant has been able to prove his case...........
DELHI HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Presumption - In a trial u/s 138 of the Act, presumption has to be drawn that every negotiable instrument was made or drawn for consideration and that it was executed for discharge of debt or liability - No sooner the complainant discharges the burden to prove that instrument..........

Showing : 221-230 of 4940 Results