Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Appeal against acquittal - Issuance of cheque by DW1 in favour of appellant company is not disputed - Even, PW2 deposed that respondent no.1 company took loan from bank and fixed deposit certificate was in name of appellant company was kept as a collateral security for said..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Security cheque - Legally enforceable debt - Whether there is outstanding debt at the time of drawing of cheque or includes drawing of a cheque for a debt that is incurred before the cheque is encashed - Once payment becomes due, complainant is entitled in law to present the cheque for payment - Merely..........
Carriage by Air -- Carriage by Air of persons with disability and/or persons with reduced mobility - Differently abled person using prosthetic limbs/calipers - Security check - No such person is asked to remove prosthetic limbs/calipers to maintain human dignity while ensuring the requirement of security checks...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Security cheque - Accused cannot escape liability on the ground that cheque in question was a security cheque, as same is integral part of commercial process and same acts as a deterrent for drawer against dishonouring his financial commitment and cam also be used towards discharging the liability of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Prize Chits and Money Circulation Scheme (Banning) Act, 1978, Section 4, 5, 6 -- Bail - Imposition of onerous conditions to deposit cash of Rs.20 lakhs and providing security of immovable property to the tune of Rs.20 lakhs, for grant of bail tantamount to denial of bail..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Complainant did not mention anything about that episode of issuance of two cheques in his complaint petition or during the examination-in-chief - Even, complainant did not explain why those two cheques were given to him by accused person - Moreover, complainant explanation is..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued as security for repayment of loan amount - Security in its true sense is the state of being safe and the security given for a loan is something given as a pledge of payment - If loan amount is not repaid in specified time frame the cheque which is issued as security would mature for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan - Cheque issued as security for repayment of loan - There cannot be hard and fast rule that a cheque which is issued as security can never be presented by drawee of cheque...........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or outright sale - Document in question purports to be an absolute sale, as it does not contain any stipulation for treating the sale as mortgage - Transaction in question in absence of embodiment as contained in S.58(c) Proviso of the Act, cannot be regarded as security for loan and it is an..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by company - Plea of security cheque - Witnesses of complainant nowhere able to prove that cheque was for supplies made and it was for consideration - Onus which shifted on complainant not discharged, as Company which is supposed to maintain accounts in regular course of business for all..........
