LawMirror.com

Results of service of notice s 138 negotiable act

Showing : 111-120 of 170 Results

SUPREME COURT OF INDIA

Year of decision: 2006
Details

Negotiable Instruments Act, 1881, Section 138 -- Notice - Non availability of addressee - There is no rule of universal application that in all case where notice is not served on account of non availability of the addresse, the court must presume service of notice - It depends upon facts of each case - If complainant is able to prove that drawer of cheque knew about notice..........

SUPREME COURT OF INDIA

Year of decision: 2006
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Notice - Complaint cannot be quashed at the threshold on the ground of non service of notice with postal endorsement of 'refusal' or 'unclaimed' or 'not found' - This matter is to be decided after recording evidence - Complainant can prove that drawer of..........

ALLAHABAD HIGH COURT

Year of decision: 2006
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Notice - Sent as per registered post and also as per UPC - Notice sent as per registered post returned by postman by endorsing false report - Notice sent under UPC received by addressee - Service of notice denied by..........

KARNATAKA HIGH COURT

Year of decision: 2006
Details

Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Notice - Sent as per registered post - Notice received by family member of drawer - No evidence led by drawer to prove that he did not receive notice through member of his family - Acquittal of accused on ground of want of service of notice is bad in law - Accused..........

MADRAS HIGH COURT

Year of decision: 2006
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Conviction u/s 138 Negotiable Instrument Act - Appeal - Show cause notice as to removal from service on account of judgment of conviction - If judgment of conviction is not suspended accused has to forego his employment even while appeal preferred by him against the judgment of..........

KARNATAKA HIGH COURT

Year of decision: 2006
Details

Negotiable Instruments Act, 1881, Section 138 -- Notice - Proof - A.D. is a clear proof of service of notice...........

KERALA HIGH COURT

Year of decision: 2005
Details

Negotiable Instruments Act, 1881, Section 138 -- Notice - Sent as per registered post at correct address - Received back `unclaimed' - Evidence of Postman that he gave intimation to addressee but inspite of intimation addressee did not receive the notice - Accused did not adduce any evidence to rebut presumption available u/s 114 Evidence Act - Held, it is service of..........

KARNATAKA HIGH COURT

Year of decision: 2005
Details

Negotiable Instruments Act, 1881, Section 138 -- Notice - Sent as per registered post and UCP (Under Certificate of posting) - Notice sent as per registered post returned unserved - UCP did not return - Pleading in complaint viz. 'Hence, it is presumed that U.C.P. has been received by the accused' - Held, it is sufficient to hold that complainant has pleaded as to service..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2005
Details

Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27 -- Notice - Sent as per registered post at a correct address - Notice received back with postal endorsement `Not available' - Accused not stating that notice was sent to a wrong address or that he has not managed to return the notice or that he was out of station during that period - Held,..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2005
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Sent as per registered post - Received back with postal endorsement 'Not found, informed' - It means addressee intentionally avoided to accept the registered cover - There is no legal defect in the service of notice...........

Showing : 111-120 of 170 Results