Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint filed beyond limitation - It is incumbent upon complainant to file complaint petition within one month from the date on which cause of action arose - Court below took cognizance in violation of provision of S.142 of NI Act - Order taking cognizance quashed...........
Negotiable Instruments Act, 1881, Section 138, 141, 142, 145 -- Dishonour of cheque - Jurisdiction - Notice sent from Hapur - Reply sent from Mumbai at Hapur address - One of the components of offence that is notice in writing to the drawer of the cheque demanding payment of amount was sent from Hapur - Held, Court at Hapur has jurisdiction to try the case...........
Negotiable Instruments Act, 1881, Section 138, 141, 142, 145, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Examination on oath of witnesses - Magistrate not duty bound to examine upon oath complainant and his witnesses while issuing process...........
Negotiable Instruments Act, 1881, Section 138, 142, Limitation Act, 1963, Section 5 -- - Dishonour of cheque - Complaint - Condonation of delay - Words "sufficient cause" - Interpretation of - Held, words `sufficient cause' in S.5 of Limitation Act should receive a liberal construction so as to advance substantial justice, when delay is not on account of any dilatory..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint - Condonation of delay of 45 days - Complainant a banking institution - Constituted attorney of complainant tendered her resignation - Held, there is likelihood of delay in completion of necessary formalities for appointment of a new attorney - Since stakes involved were high, complainant..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint by attorney on behalf of partnership firm - Maintainability - Held, requirements of S.142 N.I. Act would stand fulfilled when complaint was made in writing and was instituted by payee or the holder in due course or someone duly authorized by firm - Though S.142 of the Act does not..........
Negotiable Instruments Act, 1881, Section 138,142, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Examination of complainant on oath, in an offence u/s 138 of the Act, is mandatory - Held, order taking cognizance without examination of complainant on oath is illegal - Set aside...........
Evidence Act, 1872, Section 142 -- Examinatio, i, chief - Leading questions - Held, special public prosecutor should not have been permitted to ask leading questions in examinatio, i, chief - Asking of such leading question is not only against the tenor of S.142 of the Evidence Act, but also violates right to a fair trial when such questions are permitted to be asked in..........
Trade Marks Act, 1999, Section 142 -- Infringement of Trade Mark - Territorial Jurisdiction - Held, an advertisement by itself in a Trade Mark Journal would not confer jurisdiction on a Court within whose territorial limit advertisement is published or is seen - If an application for registration of impugned trade mark is made in the territorial jurisdiction of a Court..........
Trade Marks Act, 1999, Section 142 -- Infringement of trade mark - Passing off action - Meaning thereof - Held, in a passing off action, right of plaintiff is against conduct of defendant which leads to or is intended or calculated to lead to deception - Passing-off is said to be a species of unfair trade competition or of actionable unfair trading by which one person,..........
