Search Results for "Negotiable Instruments"

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Search Results for "Negotiable Instruments"

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High Court

Bombay High Court Dismisses Writ Petitions Challenging Deposit Order in Section 138 Negotiable Instruments Act Cases. Amended Section 148 of Negotiable Instruments Act, 1881 Applied to Appeals Filed Before 1 September 2018 and Required Appellant to Deposit Minimum 20% Compensation as Directed by Sessions Court.

30 Sep 2021

The High Court of Judicature at Bombay considered two writ petitions filed under Article 227 of the Constitution of India read with Section 482 of the...

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal Under Section 138 of Negotiable Instruments Act, 1881. Presumption of Legally Enforceable Debt Arises Upon Admission of Signature and Handwriting on Cheque and Promissory Note.

12 Jan 2010

The case involves a criminal appeal filed by the original complainant, Mrs. Rosa Maria Fernandes, against the judgment and order dated 11.12.2008 pass...

High Court

Bombay High Court Allows Appeal Against Discharge in Cheque Dishonour Case — Complaint by Power of Attorney Holder is Maintainable. The court held that a complaint under Section 138 of the Negotiable Instruments Act, 1881 filed by a power of attorney holder of the payee is maintainable and the complaint was within limitation.

30 Jul 2012

The appellant, Gautamchand Inderchand Kochar, proprietor of Kochar Finance, filed a criminal appeal against an order of discharge passed by the Judici...

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...

Supreme Court

Supreme Court Quashes Proceedings Against Former Directors in Cheque Dishonour Case Due to Prior Resignation. Directors Cannot Be Held Liable Under Section 141 of Negotiable Instruments Act When Cheques Were Issued After Their Resignation Was Statutorily Recorded in Form 32 Under Companies Act, 1956.

14 Feb 2024

The Supreme Court addressed appeals concerning criminal liability of former directors in cheque dishonour cases under Section 138 of the Negotiable In...

High Court

High Court of Karnataka Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Dishonour of Cheque. Presumption under Section 139 of NI Act stands unless rebutted by accused; complainant's failure to produce bank statement not fatal when cheque and signature admitted.

23 Nov 2020

The appellant, M/s. Networth Stock Broking Limited, represented by its authorised agent Kiran Kumar, filed a criminal appeal under Section 378(4) of t...

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal and Convicts Accused Under Section 138 of Negotiable Instruments Act, 1881. Presumption Under Section 139 of NI Act Shifts Burden on Accused, Which Was Not Discharged.

15 Feb 2010

The appellant, Mohammad Murtuza Mohammad Yusuf, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, against the respondent, G...

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal and Convicts Accused Under Section 138 of Negotiable Instruments Act, 1881. Court Holds That Stop Payment Instruction Does Not Absolve Drawer of Liability When Cheque Was Issued for Discharge of Legally Enforceable Debt.

25 Sep 2014

The appellant, Kamal Babulal Sharma, filed a criminal appeal against the judgment and order dated 08/06/2001 passed by the 9th Judicial Magistrate, Fi...

High Court

High Court of Karnataka Quashes Complaint in Dishonour of Cheque Case Due to Lack of Proper Service of Demand Notice. Section 138 of Negotiable Instruments Act, 1881 requires that demand notice be served on the drawer within 30 days of dishonour; failure to prove service renders complaint not maintainable.

8 Nov 2024

The petitioners, Jai Agarwal and Anjana Agarwal, filed criminal petitions under Section 482 of the Code of Criminal Procedure, 1973 (read with Section...

High Court

High Court of Karnataka Allows Modification of Interim Order in NI Act Case — Directs Deposit of 20% of Fine Amount as Per Amended Section 148 of Negotiable Instruments Act, 1881. The Court held that the amendment to Section 148 of the NI Act, which came into effect on 01-09-2019, is procedural and applies to pending appeals, requiring deposit of 20% of the fine amount instead of 10%.

16 Jun 2022

The petitioner, Syed Ishrathulla Hussaini, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the ...

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