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Results of s 138 ni act s

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Showing : 31-40 of 3127 Results

KERALA HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan - Plea of repayment of loan - Oral evidence not sufficient to prove the plea of discharge...........

KERALA HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jail sentence is not mandatory in an offence u/s 138 of the Act...........

KERALA HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - It is duty of accused before Court by adducing evidence to show that cheque was not supported by consideration and that there was no debt or liability to be discharged as alleged...........

KERALA HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Unless contrary is proved, it is presumed that holder of a cheque received cheque of nature referred to in S.138 of the Act for discharge in whole or in part of any debt or other liability...........

KERALA HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant stated that accused borrowed money from him and cheques issued for discharge of debt - Oral evidence adduced by DW1 is not sufficient to prove plea of discharge advanced by him - Accused failed to prove in trial by leading cogent evidence that there was no debt or liability - Burden upon..........

ALLAHABAD HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Notice - Sent by speed post - Notice not received back - Notice is deemed to be served at best within a period of thirty days from the date of issuance thereof - In the instant case notice issued on 18.12.2017 - Notice is deemed to be sufficiently served upto..........

ALLAHABAD HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Sole Proprietorship firm - Principle contained in S.141 of Act is not applicable to a sole proprietary concern...........

ALLAHABAD HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Sole proprietorship firm - Complaint filed against sole proprietor without impleading firm - No requirement to implead sole proprietary concern as an accused - Principle contained in S.141 of the Act is not applicable to a sole proprietary concern...........

CHHATTISGARH HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partners of a firm arrayed in their individual capacity - However body of complaint clearly mentions that applicants are partners - Lapse to make a proper mention in the cause title of complaint does not by itself disentitle complainant who has a claim to make and who has entitlement to file a..........

CHHATTISGARH HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Initiation of proceedings by accused under SARFAESI Act for recoveries against complainant - Proposal by accused that such recoveries could be adjusted against the dues of the firm and accused can be exonerated from the present criminal process - There is no scope of any adjustment under the Act..........

Showing : 31-40 of 3127 Results