Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - In order to attract penal provisions of S.138 of the NI Act a cheque is required to be presented for encashment to Drawee Bank and that Payee Bank acts merely as an agent of payee/complainant for purposes of presenting the cheque in question to Drawee Bank - Necessary corollary thereof is..........
Employee's Provident Funds and Miscellaneous Provisions Act, 1952, Section 12 -- Provident fund - Excess payment - Withdrawal of - Respondent-bank formed its own trust and started paying provident fund in excess of its statutory liability for some time - Term of employment provides only for statutory contribution - Held, bank cannot be compelled to make excess payment for..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint - Territorial jurisdiction - Cheque was presented by petitioner/complainant's Bank to the Drawee Bank at New Delhi through clearing house of Reserve Bank of India and cheque was dishonoured at New Delhi by Drawee Bank and thereafter cheque was returned as unpaid by Drawee Bank to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Criminal complaint - Quashing of - Petitioner was resident of Faridabad - Cheques in question were drawn on Punjab & Sind Bank, Ajronda, Faridabad where petitioner was maintaining its account - Cheques though were deposited for collection by respondent through..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Recovery suit - Purchase order was placed by plaintiff with defendant for supply of material - Goods were transported under ownership - G.R.Receipt was to be obtained by consignee from bank after making payment - On production of said G.R.Receipt carrier was to deliver goods to consignee - Plaintiff not mentioned in his..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Issuance of process against petitioner - Cheque in question not signed by petitioner - Even cheque is not drawn from the bank account maintained by petitioner - Held, impugned order issuing process against petitioner set aside - Petition allowed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque in question was presented for collection before drawee bank beyond the period of six months - Held, accused is not liable for prosecution u/s 138 of NI Act...........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Summoning order - Quashing of - There is no reference of demand notice dated 07.05.2002 in complaint - Only a photostat copy of said notice has been filed by revisionist - Only reference of second notice dated 21.08.2002 has been mentioned in complaint - Held, complainant cannot rely on second..........
Oriental Bank of Commerce Officer Employment (Discipline and Appeal) Regulations, 1982 -- Regulation 17 - Appeal - Personal hearing - May not be required where the appellate authority, on consideration of the entire material placed before it, confirms, reduces or sets aside the order appealed against - Regulation 17 does not expressly provide for personal hearing to the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Genuineness of signatures - Expert opinion - Application filed at the stage of examination of complainant as a witness - Plea opposed on ground that cheque is dishonoured for insufficient funds and not on ground of dissimilarity of signatures - Held, in case bank does not object to the authenticity of..........
