Showing : 1-10 of 416 Results

KERALA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Demand notice - Where notice specifically states that complainant is legally entitled to realize the amount of the cheque from accused and accused is legally bound to pay the amount to complainant within 15 days from the date of notice, it amounts to clear demand as required..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Presumption - Rebuttal - Preponderance of probabilities - Accused has to bring on record such facts and such circumstances which may lead the Court to conclude either that consideration did not exist or that its non existence was so probable that a prudent man would, under..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Legally enforceable debt - Cheque issued under and in pursuance of agreement to sell - An agreement to sell does not create any interest in immoveable property, it nonetheless constitutes a legally enforceable contract between the parties to it - Payment made in pursuance of..........
MADHYA PRADESH HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Legally recoverable debt/liability - Where accused failed to satisfactorily explain circumstances under which cheque was issued by accused or misused by complainant, then it can be safely inferred/presumed that cheque was issued in discharge of legally recoverable..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Partnership firm - In a partnership firm all the partners are personally liable to discharge liability of the firm in their individual capacity as well as under vicarious liability...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque issued towards payment of earnest money under agreement of sale - Agreement stood frustrated on account of failure of complainant to obtain no objection from other co-sharers and his inability to handover actual physical possession - It cannot be said that there was..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Applications for summoning of witnesses - Grounds urged in both the applications for summoning of persons as witnesses are not liable to be accepted under any circumstance - No material on record to suggest that any payment was made by accused to said witness - Moreover, any..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427-- Dishonour of cheque - Prayer to run concurrent sentence instead of consecutively with main complaint - Material supplied under various bills on more than 200 different occasions as per requirement of accused-petitioner - These are different transactions during the business dealings between parties..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Compromise - Direction to deposit 10% of cheque amount - Thereafter complainant expressed that he does not desire verification of compromise and sought to withdraw the complaint - Compromise has never been acted upon - However, Court observed that compromise has been acted..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Dismissal of complaint in default - Case was fixed for defence evidence - Complainant was duly represented by counsel, but his counsel has also failed to put in appearance for which complainant may not be held liable directly - Rather, absence of complainant, as he has..........

Showing : 1-10 of 416 Results