Consumer Protection Act, 1986, Section 2(1),(g), Life Insurance Corporation Act, 1956, Section 43, Insurance Act, 1938, Section 64VB -- Insurance claim - Double accident policy - Amount of premium deposited within grace period by cheque - Delayed presentation of cheque by LIC - Cheque returned unpaid as insured died - Held that complainant could not be deprived of benefits..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appellant gave four cheques on 24.12.1991 to 27.3.1992 - For payment of loss suffered by Standard Chartered Bank arising out of transactions in securities all cheques dishonoured on ground 'Not arranged for' - Notice of demand served - The appellant did not pay in prescribed period - Complaint filed..........
Negotiable Instruments Act, 1881, Section 138 -- Cheque amount Rs.9972/- - Notice for payment of Rs.3871/- Held, the payee or the holder in due course must demand payment of the amount covered by the cheque - If the demand is for a lesser amount or an higher amount not covered by the cheque then the prosecution must fail as the statutory requirement of the provision is not..........
Negotiable Instruments Act, 1881, Section 138 -- Cheque amount Rs.9972/- - Notice for payment of Rs.3871/- - Typographical mistake - Offence under Section 138 'being a technical offence' all the technical formalities as contemplated under Section 138 of the Act must be complied with...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice sent - On request of accused cheque against presented and again dishonoured - Notice sent again - Complaint on the basis of second notice - Barred by limitation - Complaint should have been filed on failure to make payment on issuance of first notice...........
Negotiable Instruments Act, 1881, Section 138 -- `Stop payment' - Intimation to drawee before presentation of cheque - Offence is committed without reference to balance in the account whether sufficient to honour the cheque or not - This is also irrespective of amount of cheque being less or more than the amount arranged to be paid from the account by an agreement with the..........
Motor Accident -- Insurance - Cheque towards premium dishonoured - Premium if paid before the accident - Payment of consideration will be treated as paid in the order in which the nature of transaction required it...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Company - Director - Retired Director who did not function as Director either on date of cheque or when cause of action arose for non payment cannot be prosecuted...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Jurisdiction - Cheque presented at Delhi and dishonoured - Notice issued to drawer from Delhi but no payment made - Court at Delhi has jurisdiction...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - No form is prescribed of the notice - The essential elements of the notice are (1) it has to be in writing, (2) it has to be given within 15 days of receipt of information regarding return of cheque unpaid and (3) demand for payment of the amount of the cheque has to be made in the notice...........
