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Results of 138 of n i act notice

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CALCUTTA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonor of cheque - Cause of action - Issuance of notice by itself does not give rise to cause of action - It is communication of notice i.e. receipt of notice which would ultimately give rise to the cause of action for filing of the complaint, when in spite thereof the cheque amount is not paid...........

BOMBAY HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Death of holder of cheque - It cannot be said that any of his heirs or legatee get right to issue notice and then lodge complaint - Only a person who is authorized by succession certificate, letters of administration or probate granted by the court, is entitled to call upon the drawer to pay the..........

DELHI HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Sending demand notice from a particular place does not by itself confer jurisdiction on Court at that place when cheque was presented to a bank outside that place and there is no other ground which would confer jurisdiction on that Court - Court at such a place has no jurisdiction...........

DELHI HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Demand of Interest, compensation, incidental expenses etc. - Held, If the payee of the cheque makes some demands on account of interest, compensation, incidental expenses etc. that would not invalidate the notice so long as the principal amount demanded by the payee of the cheque is correct and..........

RAJASTHAN HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Comparison of signatures on cheque by FSL - Cheque can be sent for comparison of signatures only when there is a specific plea that the said cheque was not signed by her - In reply to the notice accused stated that the said cheque was not issued by her and it was not stated that it was not signed by her..........

KARNATAKA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Not issued within time - Acquittal upheld - Bank vide its letter dt.13.1.2003 intimated its dishonour - Complainant issued notice on 8.2.2003 - Amendment of notice period from 15 days to 30 days brought into force on 6.2.2003 - Amendment not retrospective in nature - Notice was required to be..........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice issued and duly served - No action taken on non payment - Notice issued for the second time - Complaint filed on the basis of second notice - Cause of action to file complaint on non-payment despite issue of notice, arises once - Another cause of action would not arise on repeated dishonour on..........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

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..........

DELHI HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Postal endorsement of `Refusal' 8.12.1998 - There is presumption of service of notice when notice is received back with an endorsement of refusal - Second notice issued on the basis of which complaint filed - Held, cause of action arises once only - Complaint not filed within time on the basis..........

BOMBAY HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Complainant operating his business at place `P' - Cheque drawn on a Bank at place `T' - Cheque deposited at place `P' - Notice demanding accused to make payment issued from place `P' - Held, Court at place `P' has jurisdiction to entertain the compliant - Fact that business transaction..........

Showing : 521-530 of 1066 Results