Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Limitation - Held, day on which cause of action accrued has to be excluded for reckoning period of limitation for filing complaint u/s 138 of Act...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Issue of process - Quashing of - Except for mentioning that notice had been sent on 1st March, 2005, and that same had been received by appellant, no date has been mentioned as to when same was received by appellant - Held, period for computing cause of action and limitation prescribed u/s.142..........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Partnership firm - Cheque issued by one of the partners of the firm - Complaint filed only against the partner who had signed the cheque and the partnership firm - Death of said partner during pendency of complaint - Other partners impleaded after a period of 5 years of filing of complaint -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Demand of payment - Period of fifteen days was made into thirty days by amendment w.e.f. 6.2.2003 - Amendment is prospective in nature and not retrospective in nature - Demand of payment not made within 15 days of the receipt of information from Bank (Cheque unpaid returned on 10.3.1999 but..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Limitation - The day on which cause of action had arisen has to be excluded for counting the period of limitation for filing complaint u/s.138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Revalidation of cheque - Comparison of signature - Revalidation was denied by respondent - Burden was certainly on applicant who was claiming fresh period of limitation based thereon, to prove it by cogent expert evidence - However, she did not even apply for getting the cheque examined by a handwriting..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Argument made on behalf of complainant, to the effect that cheque of Rs.8 lakhs was given as a one time settlement and that it was a settlement for amount of principal due along with interest - There would be no acknowledgment in so far as interest amount is concerned within a..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Filing of complaint - Limitation for - Held, payee has got a right to send cheque to bank for a number of times he pleases during period of its validity - Limitation period for sending notice would start only from date of receipt of last information regarding non payment of cheque - Position would have..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Limitation - Cheque can be presented any number of times within its period of validity and on each dishonour of cheque a fresh right is created - Cause of action accrues only when notice is issued - Once cause of action accrues then complaint has to be filed within period of limitation...........
Negotiable Instruments Act, 1881, Section 138, Limitation Act, 1963, Section 12, General Clauses Act, 1897, Section 9 -- Dishonour of cheque - Notice - Use of word `of' in S.138(b) NI Act is akin to the word `from' used in S.9 of General Clauses Act & S.12 Limitation Act - Thus the date on which information from the bank is received by payee or the holder of cheque is to..........
