Negotiable Instruments Act, 1881, Section 138, 142(2) -- Dishonour of cheque - Jurisdiction of Court - Cause of action - Court gets jurisdiction over the matter if cause of action arises within the local limits of its jurisdiction - Cause of action means whole bundle of material facts which it is necessary for the plaintiff to prove in order to entitle him to succeed in..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Company will be the complainant and for the purposes of Section 200 of the Cr.P.C., its employee who represents the company, will be the de facto complainant while the company will remain the de jure complainant, regardless of any change in the de facto complainant - A perusal of the complaint..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Mandatorily required averments - Missing in the complaint - Complaint quashed...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Transfer of complaint - Cheque was presented at Bank located at place `R' and same was dishonoured for want of funds - Complaint filed before Court at place `R' - Therefore, no case is made out for transfer of complaint u/s 138 of the Act - Petitioner can always apply for grant of exemption for..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - S.142 of the Act does not contemplate a report to police nor authorize Court taking cognizance to direct police to investigate into complaint...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Cognizance of offence - S.142(1)(a) of the Act mandates that cognizance of offence punishable u/s 138 of the Act can only be taken upon the complaint in writing...........
Indian Penal Code, 1860, Section 323, 324, 325, Constitution of India, 1950, Article 142 -- Offence u/ss 323, 324, 325 IPC - Compromise - Incident occurred relating to minor issue between close relatives over tying of bullocks on piece of land - Both the parties after settling their disputes have agreed to maintain peace and harmony in the society - Proceedings can be..........
Mines and Minerals (Regulation and Development) Act, 1957, Section 13, Mineral (Auction) Rules, 2015, Rule 10, Constitution of India, 1950, Article 142 -- Mining lease - E-auction - Rectification of bid - Bid of 140.10% offered by appellant within four minutes of last bid of 104.05% - There was sufficient material to suggest that appellant did not consciously enhance its..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Summoning of accused - Courts must satisfy fulfillment of primary conditions before issuing summons and fulfillment of these conditions must be mentioned in the summoning order itself Viz: (i) Cheque must be presented to the bank during its validity; (ii) payee or holder, in due course, must give a..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Offence by Company - Offence punishable u/s 138 of N.I Act is complete on the day the accused/company and the Directors who were incharge of the affairs of company fail to make the payment in response to statutory notice...........
