Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Acquittal - Validity - Cheque issued by accused to repay loan advanced by complainant and her husband got dishonoured - Accused did not deny execution of cheques - No tenable explanation was offered by accused why no reply was sent to notice - His only case is that he was caused to execute cheques..........
Haryana Urban Development Authority Act, 1977, Section 15 -- Allotment of plot - Default in payment of installments - Resumption notice - Service of - Allotment letter was received by petitioner on same address on which notice before resumption was issued to him - Competent authority, who passed resumption order, appellate authority as well as revisional authority have..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Proof - Accused received demand notice but failed to reply - In her statement u/s 313 of the Code accused has denied everything including availing of loan, issuance of cheque, receipt of statutory notice, etc. - She has not explained any of the incriminating circumstances appearing against her in..........
Transfer of Property Act, 1882, Section 106, Evidence Act, 1872, Section 114, General Clauses Act, 1897, Section 27 -- Quit notice - Sent by registered post at the proper address - Endorsement "not claimed/not met" - Amounts to deemed service in the absence of evidence to rebut the presumption of service which arises both on fact and law...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Averment in complaint that notice was sent by registered post at correct address - A person who does not pay within 15 days of receipt of summons from the Court alongwith copy of complaint cannot obviously contend that there was no proper service of notice by ignoring statutory presumption to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - (a) Signatures do not match; (b) image is not found; (c) change of authorised signatory; (d) stop payment; (d) account closed - Constitute dishonour within meaning of S.138 of the Act, so long the change is brought about with a view to preventing the cheque being honoured - There can be a situation when..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Conviction - Validity - Cheques in question issued by accused company for payment of debt towards supply of materials got dishonoured with instructions of payee not to make payment - Notice issued by complainant was duly served - Accused company had not taken any step nor had given any reply -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Sent as per registered post & UPC - Both not returned - No dispute as to correct address - There is presumption of delivery of notice within reasonable time after posting on correct address...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397, 401, 482 -- Dishonour of cheque - Conviction - Validity - Cheque in question was issued by petitioner and it was dishonoured on account of "insufficient funds" - Legal notice of demand was received from complainant and neither replied same nor made payment of cheque amount - Neither..........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114(f) -- Dishonour of cheque - Service of demand notice - Presumption as to - Held, once it is established that notice was sent under registered post with acknowledgment due, prepaid and correctly address, requirement of S.138 of the N.I. Act shall be deemed..........
