Search Results for "Section 141 Negotiable Instruments Act"

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National Consumer Disputes Redressal Commission Dismisses Appeal Seeking Substitution of Director in Consumer Execution Proceedings During CIRP. Moratorium under Section 14 of IBC does not bar substitution of director as the corporate debtor remains liable.

The case involves an appeal filed by Sudheschandra Gupta against an order dated 01.10.2021 of the State Consumer Disputes Redressal Commission, Mahara...

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Supreme Court Allows Appeals Against Bombay High Court Order Setting Aside Interim Compensation Under Section 143-A NI Act. Signatory of Cheque Authorized by Company is 'Drawer' Liable for Interim Compensation Under Section 143-A of Negotiable Instruments Act, 1881.

The appellant company entered into agreements with Cane Agro Energy (India) Ltd. (Cane) and made advance payments of Rs.63,46,00,000/- for supply of s...

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High Court Frames Charges Against Accused for Filing Frivolous Litigations; Supreme Court Dispenses with Trial in Contempt Case. Forum Shopping and Abuse of Process Held to Amount to Criminal Contempt Under Section 2(c) of Contempt of Courts Act, 1971.

The criminal contempt petition was filed by Hasham Investment and Trading Company Private Limited, Wipro Limited, and Azim Hasham Premji (complainants...

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Bombay High Court Considers Quashing of Process Issued Under Section 138 NI Act Against Directors Due to Insolvency Moratorium and Insufficient Averments. Complaint Did Not Specify Role of Each Director and Cheques Were Presented After Moratorium Order Under the Insolvency and Bankruptcy Code, 2016.

Background: Two criminal applications under Section 482 CrPC were filed by nine directors of M/s. Amtek Auto Ltd. seeking quashing of process orders i...

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Bombay High Court Upholds Conviction of Company and Directors in Cheque Dishonour Case Under Section 138 r/w 141 of Negotiable Instruments Act, 1881. Directors' Claim of Not Being In Charge of Business at Time of Cheque Issuance Fails to Rebut Presumption of Liability Under Section 141.

The case involves a criminal revision application filed by M/s. Jaimin Jewelery Exports Pvt. Ltd. (Accused No.1) and its directors, Gautam Mehta (Accu...

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Bombay High Court Allows Complainant's Application to Recall Witness in NI Act Case — Cross-Examination Right Not Forfeited by Mere Absence on One Date. The court set aside acquittal and remanded for recall of complainant for cross-examination under Section 311 CrPC.

The applicant, Pratap @ Prakash Kripaldas Chugh, was the original complainant in a criminal complaint under Section 138 of the Negotiable Instruments ...

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Bombay High Court Allows Writ Petition Quashing Process Against Accused in Section 138 NI Act Case. Cheque Drawer Alone Liable Under Section 138 of Negotiable Instruments Act, 1881; Admission of Liability in Settlement Does Not Create Vicarious Liability.

The petitioners, Banwarilal L. Saini and another, were accused nos.1 and 3 in a criminal case under Section 138 of the Negotiable Instruments Act, 188...

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Bombay High Court Upholds Validity of Section 138 NI Act and Directs Magistrates to Accept Complaints Without Preliminary Inquiry. Section 138 Negotiable Instruments Act, 1881 is constitutionally valid and Section 200 CrPC does not require preliminary inquiry in cheque dishonour cases.

The judgment arises from a batch of petitions challenging the constitutional validity of Section 138 of the Negotiable Instruments Act, 1881 and the p...