Showing : 271-280 of 5196 Results

BOMBAY HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Presumption u/s 118, 139 of the Act - To seek favour of presumptions u/ss 118 139 of N.I.Act, a party has to first necessarily prove foundational facts in support of its complaint...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Appeal against acquittal - Commercial transaction between parties - No credible evidence to show that there was transaction between parties and cheque was issued in discharge of legal debt or liability - A serious doubt created about transactions which took place between..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311, 391-- Dishonour of cheque - Additional evidence at belated stage - Additional evidence at belated stage is permissible but such power is to be exercised sparingly and only in exceptional cases in the interest of justice...........
DELHI HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 251-- Dishonour of cheque - Compliant not filed by payee or holder in due course - Demand not made by payee or holder in due course - Basic ingredients of S.138 of the Act not satisfied - Accused discharged...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 420, 406, 120B, Negotiable Instruments Act, 1881, Section 138-- Offence u/ss 420, 406, 120-B IPC - Quashing of FIR - FIR cannot be quashed merely on the ground that complaint u/s 138 of N.I Act is filed, particularly when police has found material to present challan against petitioner showing his involvement in conspiracy - Petition for quashing dismissed...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 420, 406, 120B, Negotiable Instruments Act, 1881, Section 138-- FIR u/ss 420, 406, 120-B IPC and complaint u/s 138 of N.I. Act - Where legally enforceable liability is incurred, despite being based on fraud, such liability remains legal and valid against person who had played fraud - In that situation, person would definitely be liable for offence u/ss 420,..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Legally enforceable debt - For every criminal liability u/s 138 of the Act, there should be a legally enforceable debt or other liability "subsisting on the date of drawal of cheque...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Legally enforceable debt - Issuance of undated cheque - No averment that any such amount was due and outstanding on or about the date on which the cheque was issued by petitioner - Cheque cannot be said to be issued for discharge of any legally enforceable debt or liability,..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Presumption - Rebuttal - Once presumption arising u/s 118 r/w S.139 of the Act is raised, it can be rebutted by accused on preponderance of probability at trial - This can be done on basis of cross-examination of complainant and his witnesses, if any, and/or by leading..........
PATNA HIGH COURT
Year of decision: 2018
Details
Succession Act, 1925, Section 138-- Bequest with directions - Where a fund is bequeathed absolutely to or for the benefit of any person, but the Will contains a direction that it shall be applied or enjoyed in a particular manner, the legatee shall be entitled to receive the fund as if the Will had contained no such direction...........

Showing : 271-280 of 5196 Results