Negotiable Instruments Act, 1881, Section 138, Partnership Act, 1932, Section 69(2) -- Dishonour of cheque - Complaint by unregistered partnership firm is maintainable...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt or other liability - Refers to enforceability in law of the debt or the liability in question and not to the right of the person enforcing it - If there is no legal impediment for enforceability of a debt or other liability in general, disability of a particular individual..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Good supplied - Cheque issued for amount due as price of such goods - No rebuttal evidence adduced to disprove the claim - Contention that goods had not been supplied patently false - Amount required to be paid as price of articles or goods is a legitimate debt or liability and it is a legally..........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Notice - Sent through registered post - Notice received back with postal endorsement 'Unclaimed' - Held, presumption is of due notice...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Stop payment - Sufficient money to honour the cheque was not in the account - Accused is liable under the Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Directors - Being Director of the company a Director is not jointly and severally liable for the acts of the company - No averment in complaint that at the time when offence was committed accused No.2 to 7 were incharge and were responsible to the company for the conduct of the business..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Complaint dismissed on lack of proper authorisation to file complaint - Finding given that it was a legally enforceable debt - Appeal against - Accused is entitled to assail finding in absence of any appeal or revision filed by him - Finding as to legally enforceable debt upheld - Finding on..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Resolution of Board of Directors of Company authorising two Directors of company to issue and honour cheques drawn on behalf of company - No ground to quash proceedings against signatories - As regards Chairman except mentioning that he is Chairman nothing else stated either in the complaint..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued in favour of `Self' - Cheque issued by accused to complainant for liability of debt due on him - Cheque shows that it was bearer also as the words `or bearer' not cut by accused - Respondent became holder of cheque in due course - Contention that cheque was not drawn for any specific..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - In reply to notice offer made to make payment by giving other cheques - It is a conditional offer - Cannot be said that drawer was ready and willing to make the payment - Complaint cannot be quashed on this ground - Plea to be raised during trial...........
