Search Results for "Negotiable Instruments Act"

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Search Results for "Negotiable Instruments Act"

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Supreme Court

Supreme Court Allows Regulatory Appeal on Trial Forum under Securities and Exchange Board of India Act, 1992. Procedural Amendment to Section 26 by the 2002 Amendment Act Held Retrospective, and All Pending Trials for Pre-2002 Offences Must Proceed Before Special Court as per the 2014 Amendment.

1 Aug 2026

The Supreme Court addressed a batch of appeals and writ petitions concerning the correct forum for trial of offences under the Securities and Exchange...

Supreme Court

Supreme Court Allows Appeal in Cheque Dishonour Case, Reverses Acquittal Due to Misapplication of Presumption Under Section 139 of Negotiable Instruments Act. The Court held that once issuance of cheque and signature are admitted, the presumption of legally enforceable debt arises, and the accused must lead evidence to rebut it.

14 Feb 2020

The appellant, APS Forex Services Pvt. Ltd., a foreign exchange business, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 ...

High Court

High Court of Karnataka Allows Writ Petition Challenging Dismissal of Application Under Section 431 Cr.P.C. in Negotiable Instruments Act Case — Compromise Petition Under Section 147 N.I. Act Set Aside Due to Non-Compliance with Mandatory Procedure. The court held that the trial court must examine the compromise and pass appropriate orders under Section 431 Cr.P.C. before dismissing the application.

7 Feb 2020

The petitioner, Sri Somashekara Reddy, proprietor of Sunlight Solar Technology, filed a writ petition under Articles 226 and 227 of the Constitution o...

High Court

Bombay High Court Quashes FIR in Money Lending and Forgery Case Due to Malafide Complaint and Suppression of Facts. Repeated complaint on same allegations after earlier quashing amounts to abuse of process under Section 482 CrPC.

30 Jan 2020

The applicants, Anup Dodiya and Niranjan Dodiya, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashi...

High Court

High Court of Karnataka Dismisses Petition to Quash Order in Negotiable Instruments Act Case — Evidence by Affidavit Permitted Under Section 145. The court held that Section 145 of the NI Act allows evidence by affidavit and marking of documents at sworn statement stage, and the trial court's order was valid.

2 Jul 2018

The petitioner, Smt. Devika Veeranna, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) before the High Co...

High Court

High Court of Karnataka Acquits Accused in Negotiable Instruments Act Case Due to Failure to Prove Legally Enforceable Debt. Cheque Issued as Security for Time-Barred Debt Does Not Attract Section 138 of the Negotiable Instruments Act, 1881.

5 Aug 2016

The case involves a criminal revision petition filed by Smt. Nasreen Pasha (the accused) against the judgment of the JMFC, Gubbi, in CC No.439/2008 da...

High Court

Bombay High Court Allows Appeal Against Acquittal in Cheque Dishonour Case — Presumption Under Section 139 of Negotiable Instruments Act Not Rebutted by Accused. The court held that once issuance and signature are admitted, the presumption of legally enforceable debt arises, and the accused must rebut it.

13 Apr 2010

The appellant, the original complainant, filed an appeal against the acquittal of the accused in a case under Section 138 of the Negotiable Instrument...

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 Grants Leave to Defend in Letter of Credit Dispute Due to Triable Issues on Quality of Goods and Fraud Exception. The court held that the defendant bank raised a triable issue regarding the quality of goods and the discount agreement, entitling it to unconditional leave to defend under Order 37 CPC.

4 May 2005

The plaintiffs, Dena Bank and another, filed a summary suit against Sonali Bank for recovery of US $1,50,103.79 with interest under a letter of credit...

Supreme Court

Supreme Court Hears Appeals on Forum for Trial in SEBI Act Cases — Retrospective Application of 2002 and 2014 Amendments Disputed. Court Considers Whether Change from Magistrate to Sessions Court and Subsequent Special Courts Affects Pre‑2002 Offences Still Pending.

1 Jan 1970

This batch of appeals and petitions before the Supreme Court concerned the proper forum for trial of offences under the Securities and Exchange Board ...

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