Search Results for "drawee bank jurisdiction"

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Search Results for "drawee bank jurisdiction"

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High Court

Bombay High Court Dismisses Petition Challenging Territorial Jurisdiction in Cheque Dishonour Case — RTGS System Does Not Expand Concept of Drawee Bank. The court held that the drawee bank remains the branch on which the cheque is drawn, and the RTGS system does not alter territorial jurisdiction under Section 138 of the Negotiable Instruments Act, 1881.

13 Jan 2015

The petitioner, Smt. Sangita wd/o Ajay Shah, filed a criminal writ petition challenging the territorial jurisdiction of the Judicial Magistrate, First...

High Court

Bombay High Court Allows Summary Judgment in Favor of Rabo Bank in Bill of Exchange Collection Dispute — Defendant Bank Liable for Accepted Drafts Under Negotiable Instruments Act. The court held that the defendant's acceptance of bills of exchange created an unconditional liability to pay, and the defenses raised were not triable issues under Order XXXVII CPC.

15 Oct 2013

The plaintiffs, Rabo Bank, a banking organization incorporated under the laws of Nederland with a Singapore branch, filed a summary suit under Order X...

High Court

Bombay High Court Dismisses Petition Challenging Territorial Jurisdiction in Cheque Dishonour Case — Jurisdiction Lies Where Cheque Is Presented for Collection. The court held that under Section 138 of the Negotiable Instruments Act, 1881, the place where the cheque is presented for collection is a relevant factor for territorial jurisdiction, and the Magistrate at Mumbai had jurisdiction as the cheques were deposited there.

14 Jun 2013

The petitioners, Sharda Polycolours Private Limited and its directors, were accused in a complaint under Section 138 of the Negotiable Instruments Act...

High Court

Bombay High Court Allows Appeal in Section 138 NI Act Jurisdiction Dispute — Complaint Maintainable at Place of Payee's Bank. Territorial jurisdiction for dishonour of cheque lies where the payee's bank is located, as presentation and dishonour occur there under Section 178(d) CrPC.

29 Aug 2011

The case involves a criminal appeal under Section 138 of the Negotiable Instruments Act, 1881, concerning territorial jurisdiction. The appellant, Cro...

High Court

High Court of Bombay at Mumbai Quashes Process in Dishonour of Cheque Cases for Non-Compliance with Section 202 Cr.P.C. — Accused Residing Outside Magistrate's Jurisdiction Requires Mandatory Enquiry Before Issuance of Process.

17 Mar 2011

The petitioners, ASR Systems Private Ltd. and its Managing Director Rohit Wadhwa, were original accused in two complaints filed by Kimberly Clark Hygi...

High Court

High Court of Bombay Quashes Process in Cheque Dishonour Case for Lack of Territorial Jurisdiction — Entire Cause of Action Arose in Jaipur, Not Mumbai. The court held that mere deposit of cheque and issuance of notice in Mumbai does not confer jurisdiction under Section 138 of the Negotiable Instruments Act, 1881, when the cheque was drawn, issued, and dishonoured in Jaipur.

9 Jul 2010

The petitioner, Prabhu Dayal Modi, and his wife owned a plot of land in Jaipur. On 24 April 2006, they entered into a development agreement with the r...

High Court

Bombay High Court Quashes Criminal Complaint in Cheque Dishonour Case Due to Lack of Territorial Jurisdiction. The court held that the cause of action under Section 138 of the Negotiable Instruments Act, 1881 arises only at the place where the cheque is presented and dishonoured, not at the place of issuance or the complainant's registered office.

3 Mar 2010

The petitioner, Mrs. Preetha S. Babu, a resident of Ernakulam, Kerala, filed a Criminal Writ Petition under Articles 226 and 227 of the Constitution b...

High Court

Bombay High Court Allows Accused's Application in Cheque Dishonour Case — Complaint Filed at Place Where Cheque Presented for Encashment Not Maintainable. Jurisdiction for Offence Under Section 138 of Negotiable Instruments Act, 1881 Lies Only with Court Having Territorial Jurisdiction Over Drawee Bank Branch Where Payee Maintains Account.

4 Sep 2006

The applicant, Ahuja Nandkishore Dongre, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, challenging the order...

Supreme Court

Supreme Court Considers Appeal Against High Court Judgment Dismissing Challenge to Arbitral Award in Bill Discounting Dispute — Contractual Interest Rate of 36% Per Annum with Monthly Rests Upheld. High Court's Upholding of Arbitral Award on Interest Rate Based on Mutual Agreement Between Commercial Parties and Not Opposed to Public Policy.

1 Jan 1970

The dispute arose from a bill discounting facility extended by the respondent to a seller (BDDL) and buyer (appellant) of goods. The appellant and BDD...

Supreme Court

Supreme Court Hears Transfer Petitions in Cheque Dishonour Case Under Section 138 NI Act — Jurisdictional Dispute Between Kolkata and Bhopal Courts. Court Examines Pre and Post Amendment Legal Principles to Determine Proper Forum for Trial.

1 Jan 1970

The Supreme Court addressed transfer petitions filed by the accused company seeking transfer of a complaint under Section 138 of the Negotiable Instru...

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