Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Banking service - Banker's cheque - Dishonour of - Compensation - Cheque dishonoured due to fault of the appellant bank - There was likelihood of registration/admission of respondent No.2 being cancelled by University if respondent had not paid through his sister's account - Appellant cannot escape liability-..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Material alteration - Account number changed without consent of drawer as drawer of cheque had closed the account of which the cheque was issued - Amounts to material alteration - Instrument void in law - No action lies u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Company - Cheque dishonoured - 'Account freezed' on account of winding up proceedings - Company having issued cheque for subsisting liability is bound to see that cheques are honoured at any cost - Freezing of account is not on account of act of complainant but it is on account of act of accused - Accused has to answer the..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Company - Director - Quashing of proceedings - Quashing sought on ground that disputed cheques were signed by non-petitioner No.3 on behalf of company and not by petitioner - Liability arises on account of conduct, act or omission on part of a person and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque -Cheque issued after closure of account - Cheque dishonoured - Provision of S.138 is applicable...........
Negotiable Instruments Act, 1881, Section 138 -- Issuance of cheque after closure of account - Cheque dishonoured - Provision of S.138 is applicable to a cheque drawn on a closed account...........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 300, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint filed u/s 138 Negotiable Instruments Act - During trial it came to light that accused had closed account long prior to date of issuing of cheque - Subsequently complainant filed complaint u/s 420 IPC - Held,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque dishonoured for the reason that it had no account number and it was without 'proprietary stamp' - No offence is made out - Offence u/s 138 is made out only when cheque is returned due to insufficient funds and amount exceeds the arrangement...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- `Alteration in date and drawer's signature differ' - Cheque dishonoured - Accused can show that alteration in date or signatures are made not because of insufficiency or paucity of funds - If accused shows that in his account there were sufficient funds to clear the amount of cheque at..........
Negotiable Instruments Act, 1881, Section 138 -- Blank cheque theory - Goods supplied to accused - All the transactions shown in the account books maintained by complainant - It is thus established that cheques were issued towards legally enforceable debt - Contention that blank cheques were issued in good faith not tenable...........
