Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Every request to forward cheque to expert need not be blindly granted...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Rebuttal does not have to be conclusively established but such evidence must be adduced before the Court in support of the defence that the Court must either believe the defence exists or consider its existence to be reasonably probable - The standard of reasonability being..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of 7 Kgs. - Conviction - Accused sentenced to 10 years RI - Sentence reduced to already undergone i.e. about 3 years as accused is the sole bread winner of his family, consisting of his old ailing parents and sisters and that he might have settled in life by now and there are all..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Director - Vicarious liability - Must be pleaded and proved - It cannot be a subject matter of mere inference...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Director - Vicarious liability - It must be pleaded that accused was responsible to the Company for the conduct of the business of the Company...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Director - Vicarious liability - Director who negotiated for obtaining financial assistance on behalf of the Company cannot be held vicariously liable - It does not give rise to an inference that he was responsible for day-to-day affairs of the company - Vicarious liability on the part of a..........
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...........
Negotiable Instruments Act, 1881, Section 145 -- Provision of S.145 of the Act is retrospective in operation and is applicable to cases pending before the provision came into force...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Debt or liability - Rebuttable presumption - Issuance of cheques by petitioner to the tune of 10 lakhs to respondent/complainant - Cheques dishonoured - No material on record to show that petitioners owed a sum of Rs.10 lakhs to complainant - Only a statement by complainant that some amount is due to complainant -..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Persons sought to be made criminally liable - Liability arises from being in-charge of and responsible for conduct of business of the company at the relevant time when the offence was committed and not on the basis of merely holding a designation or office in a company...........
