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Search Results for "Post-dated cheques"

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High Court

Bombay High Court Quashes Process in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice. The court held that without proper service of the demand notice under Section 138 of the Negotiable Instruments Act, 1881, the essential ingredient for the offence is not satisfied, and the proceedings are liable to be quashed.

27 Jun 2011

The petitioners, Lalit Tarekar, Motiram Wasnik, and Rajesh Jaiswal, filed a criminal writ petition under Article 227 of the Constitution of India and ...

High Court

High Court of Bombay at Goa Allows Appeal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted. Trial Court Erred in Not Framing Proper Points of Determination and Ignoring Legal Presumption in Favour of Complainant.

12 Feb 2014

The appellant, original complainant Sunil Thukral, filed a criminal appeal against the judgment and order dated 19/01/2011 of the Judicial Magistrate ...

High Court

Bombay High Court Upholds Conditional Leave to Defend in Summary Suit Based on Dishonoured Cheques — Defendant Must Deposit Full Suit Amount. Court holds that under Order XXXVII CPC, leave to defend can be granted on condition of deposit when defence is not bona fide or raises no triable issue.

29 Jul 2019

The petitioner, Navnath R. Adak, was the defendant in Summary Suit No. 464 of 2015 filed by the respondent, Rakesh Giridharilal Rungta, under Order XX...

High Court

High Court of Karnataka Allows Appeal in Negotiable Instruments Act Case — Restores Conviction for Dishonour of Cheque. Complainant's Financial Capacity to Advance Loan and Legally Enforceable Debt Established, Reversing Acquittal by Sessions Court.

31 Mar 2021

The appellant, Krishna Gopal Khetan, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment of...

High Court

High Court of Judicature at Bombay Upholds Plaintiff in Summary Suit for Recovery of TDR Sale Consideration, Rejecting Defendant's Sham Defenses. The Court holds that the suit is within limitation, oral modification of written contract does not bar summary remedy, and a defense of oral booking without any written proof is illusory.

7 Mar 2012

The plaintiff, Runwal Developers Private Limited, filed a summary suit in the Bombay High Court against defendant Yogesh Mehta for recovery of Rs. 1,6...

Supreme Court

Supreme Court Restores Acquittal in Cheque Dishonour Case: Presumption Under Section 139 NI Act Rebutted by Preponderance of Probabilities. The Court held that the High Court erred in reversing the trial court's acquittal without proper reasoning, as the accused had successfully rebutted the presumption of a legally enforceable debt.

8 Dec 2021

The Supreme Court allowed the appeal filed by K.S. Ranganatha against the judgment of the Karnataka High Court, which had reversed the trial court's a...

High Court

Bombay High Court Quashes Process Against Directors in Cheque Dishonour Case Due to Lack of Specific Averments. Directors Cannot Be Prosecuted Under Section 138 of Negotiable Instruments Act, 1881 Without Allegations of Their Role in Company's Day-to-Day Affairs.

21 Jun 2019

The petitioners, who were directors of the accused company, filed a criminal writ petition under Article 226 of the Constitution of India read with Se...

Supreme Court

Supreme Court Upholds Contempt Conviction for Breach of Undertaking in Loan Recovery Proceedings. Directors' Failure to Honour Court Undertaking Despite Multiple Opportunities Constitutes Wilful Contempt Under Contempt of Courts Act, 1971, Sections 10 and 12.

9 Aug 2021

The Supreme Court considered a special leave petition challenging contempt convictions for breach of an undertaking given during loan recovery proceed...

High Court

Bombay High Court Quashes FIR in Cheating and Criminal Breach of Trust Case Due to Civil Nature of Dispute. Dispute Arising from Business Transaction Does Not Attract Sections 406 and 420 IPC When Ingredients Are Not Made Out.

9 Jun 2011

The petitioner, Jitendra Nathmal Joshi @ Sharma, filed a criminal writ petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quas...

High Court

Bombay High Court Grants Unconditional Leave to Defend in Summary Suit Based on Conducting Agreement — Triable Issues Raised Regarding Dishonour of Cheques and Breach of Contract. Court Held That Defendant Raised Triable Issues Including Whether Cheques Were Towards Security or Payment, and Whether Plaintiff Committed Breach of Contract Under Order 37 of Code of Civil Procedure, 1908.

24 Aug 2012

The plaintiff, Goculdas Dossa & Company, a registered partnership firm, filed a summary suit against the defendant, Kirtikumar Mulji Thakkar, sole pro...

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