Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Legally enforceable liability - Accused admitted his liability to repay amount mentioned in Written agreement between parties - There is thus, no escaping fact that it was a legally enforceable liability - Evidence was led before Court pertaining to financial capacity of complainant thereby..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt or liability - Presumption as to - Accused admitted his legal liability/obligations towards complainant for an amount of Rs.42,70,000 - Three post dated cheques were issued consequent upon execution of agreement between parties, thereby raising presumption u/ss 139, 118 of..........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Notice - A drawer whose defence denying liability for payment of cheque amount having been found by Court on evidence to be either not proved or improbable, has ordinarily no right to contend that demand notice returned as unclaimed was not sent in his correct address and thus, resist presumption of..........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Notice - Where accused denies liability for payment of cheque amount and contests charge u/s 138 of the Act, he may not be justified in seeking rejection of complaint on mere showing demand notice was not dispatched in correct postal address since he is least affected or prejudiced by alleged denial..........
Motor Vehicles Act, 1988, Section 149 -- Fatal accident - Liability of insurance company - Insurance company repudiated claim of complainant on the ground that at the time of accident driver of complainant had no valid driving license - However, complainant had employed driver after checking his driving license - Driving license was purported to have been issued by..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued in discharge of financial liability - However, cheque was returned uncashed on account of insufficient funds in account of accused - Accused failed to make payment of cheque amount within 15 days from receipt of notice - Necessary ingredients of S.138 of the Act stood established - Accused..........
Agreement to sell -- Specific performance - Readiness and willingness - Bank accounts in the name of plaintiffs prove that they had sufficient funds to discharge their obligation with regard to payment of balance sale consideration - There is thus, voluminous and overwhelming evidence on record to prove bona fides of plaintiffs with regard to their readiness and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards security deposit for taking Gas agency - No explanation whatsoever is given in complaint as well as in notice as to how cheque dated 14.09.1997 finds mention in a bond 29.09.1995 - Complainant failed to prove that there was legally enforceable debt or liability - Accused rightly..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - When amount was advanced on basis of personal relation, therefore, preparation of other documents was not required under law and cheque issued by accused is best document for showing liability of accused...........
Insolvency and Bankruptcy Code, 2016, Section 43 -- `Preferential transactions and relevant time' - Corporate debtor shall be deemed to have given preference at relevant time if: (a) transaction is of transfer of property or interest thereof of corporate debtor, for benefit of a creditor or surety or guarantor for or on account of an antecedent financial debt or..........
