Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Last day of limitation a holiday - Complaint filed on the next working day - Held, complaint filed is within limitation...........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Limitation - Question as to whether cheque was presented to the drawer's Bank within limitation - It is a matter of evidence which can be decided at the appropriate stage at trial...........
Negotiable Instruments Act, 1881, Section 118, Limitation Act, 1963, Article 113 -- Recovery suit based on pronote - One of the defendants stood surety and executed continuing guarantee - No evidence that the loan account or the cash credit account against which a continuing guarantee was given, became dead - Held, limitation will run when the defendant refused to pay the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint on the basis of dishonour of cheque for the second time - Once cause of action has accrued to the complainant at the time of dishonour of cheque, it is not open to complainant to present the cheque for the second time to bring the matter in limitation - Complaint quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Limitation - Cheque can be presented any number of times within its period of validity and on each dishonour of cheque a fresh right is created - Cause of action accrues only when notice is issued - Once cause of action accrues then complaint has to be filed within period of limitation...........
Negotiable Instruments Act, 1881, Section 138, Limitation Act, 1963, Section 12, General Clauses Act, 1897, Section 9 -- Dishonour of cheque - Notice - Use of word `of' in S.138(b) NI Act is akin to the word `from' used in S.9 of General Clauses Act & S.12 Limitation Act - Thus the date on which information from the bank is received by payee or the holder of cheque is to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Extension of date of cheque - When a drawer revalidates cheque from time to time, which is permissible, then on each occasion there is a fresh promise as envisaged by S.25 of Contract Act as well as an acknowledgment within the meaning of S.18 of Limitation Act if such revalidation is made within the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Limitation - To file complaint limitation starts to run from the expiry of 15 days from the date of receipt of notice and not from the date of service of notice - Order counting one month from date of service of notice and thereby holding that complaint was barred by limitation, held, not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice issued - Cheque again presented and again dishonoured - Notice again issued - Complaint filed on the basis of second notice - Held, cause of action to file complaint accrues only once - Complaint should have been filed after issuance of the first notice - Complaint on the basis of second notice..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Court to carry out proper verification before issuing process - Verifications required are : (1) Verification of a complaint on oath which should be in a proper manner i.e. all the facts necessary to constitute the offence must be borne out from the verification; (2) If Company then person representing..........
