Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Issue of process - If complainant makes prima facie averments in complaint such as : (a) Drawing of a cheque in favour of the complainant and the cheque having been signed with a specific amount; (b) Dishonour of cheque and intimation thereto by the concerned bank in writing; (c) Issuance of demand..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Existence of a debt or legally enforceable liability - Can only be decided after parties lead evidence - Proceedings cannot be quashed on the ground of non existence of debt or legally enforceable liability...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Extension of date of cheque - When a drawer revalidates cheque from time to time, which is permissible, then on each occasion there is a fresh promise as envisaged by S.25 of Contract Act as well as an acknowledgment within the meaning of S.18 of Limitation Act if such revalidation is made within the..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt or other liability - Refers to enforceability in law of the debt or the liability in question and not to the right of the person enforcing it - If there is no legal impediment for enforceability of a debt or other liability in general, disability of a particular individual..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Good supplied - Cheque issued for amount due as price of such goods - No rebuttal evidence adduced to disprove the claim - Contention that goods had not been supplied patently false - Amount required to be paid as price of articles or goods is a legitimate debt or liability and it is a legally..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Complaint dismissed on lack of proper authorisation to file complaint - Finding given that it was a legally enforceable debt - Appeal against - Accused is entitled to assail finding in absence of any appeal or revision filed by him - Finding as to legally enforceable debt upheld - Finding on..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Additional issues - Suit for specific performance - Application u/O.1 R.10 by sons of vendor claiming that suit property is Joint Hindu Family Property and vendor is merely a co-parcerner therein, having 1/7 share - Rejected by Trial Court - Application by vendor for framing additional issues raising same questions. Held -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Time barred debt - Cheque issued to pay time barred debt - Has the character of legally enforceable debt...........
Agreement to sell -- Subsequent purchaser - Subsequent purchaser having knowledge of previous agreement to sell when they purchaser the property - Agreement to sell is enforceable against him also. (Specific Relief Act, 1963, S.19)...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued to pay liability of brother - Cheque dishonoured - No legally enforceable debt or other liability - Complaint quashed...........
