Negotiable Instruments Act, 1881, Section 138 -- Offence u/s 138 - Facts to be proved are: (a) that the cheque was drawn for payment of an amount of money for discharge of a debt/liability and the cheque was dishonoured; (b) that the cheque was presented within the prescribed period; (c) that the payee made a demand for payment of the money by giving a notice in writing to..........
Negotiable Instruments Act, 1881, Section 138 -- Joint account - Person who draws the cheque is liable for the offence u/s 138 of the Act - Vicarious liability is available only in respect of offence committed by a company...........
Insurance Act, 1938, Section 64VB -- Insurance - Cover note obtained against cheque issued by a friend - Cancellation of policy on ground that cheque is not issued by insured - Reason that cheque is not issued by insured not a ground for valid cancellation - No law that consideration for policy must flow from the insured and not from the third party - Liability commences..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Liability to pay - Pleading - Details as to how liability towards cheque arose need not to be pleaded - Pleading and proof is required that cheque was issued towards discharge of existing liability and it was presented for encashment and dishonoured for want of funds and he has complied with all..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 223, 255, 482 -- Company - Dishonour of cheque - Complaint against Company, its directors and its officers who signed and issued cheques - Summons and warrants against Company and its Directors not served - Case split up - Prosecution continued only against officers who signed..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Failure of complainant in establishing liability of accused in respect of cheque issued - Also as per evidence of handwriting expert, material alterations were made in date of cheque to bring it within validity period for purpose of limitation - Acquittal of accused held,..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance Act, 1938, Section 64VB (1) and (2) - Insurance claim - Cheque for premium amount did not reach respondent Insurance Company - Liability for payment of the amount claimed cannot be legally fastened on respondent No.1 on the basis of cover note...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint against husband and wife - Cheque issued by wife - No allegation in complaint that husband has been doing business alongwith his wife and that the cheques were issued in discharge of her liability - Held, proceedings against husband not sustainable...........
Negotiable Instruments Act, 1881, Section 138 -- Joint Account Holder - Account could be operated by either of them - Cheque issued by one to discharge his liability - Account holder who has not drawn the cheque is not liable u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Blank cheque - When given towards liability or even as security, when the liability is assessed and quantified, if cheque is filled up and presented to bank, person who had drawn the cheque cannot avoid liability under section 138 of N.I. Act...........
