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Bombay High Court Dismisses Bank's Petition Challenging Banking Ombudsman Award for Wrongful Debit Despite Stop Payment Instructions. Bank's Liability Upheld as Limitation Period Under Banking Ombudsman Scheme 1995 is Directory, Not Mandatory.

The case involves a dispute between Canara Bank (the petitioner) and Shri Uttam Rathod (respondent no.1), a proprietor of M/s. Rishi Impex, who held a...

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Bombay High Court Grants Summary Judgment in Favor of Plaintiff in Cheque Dishonour Case — Defendant's Admission of Liability and Failure to Disclose Triable Issues Leads to Decree. The court held that a bare assertion without documentary evidence does not constitute a triable issue under Order 37 CPC.

The plaintiff filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, to recover amounts lent and advanced to the defendant, based o...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Acquittal Set Aside Due to Improper Appreciation of Evidence. Dishonour of Cheque for Rs.35,000/- on Ground of 'Account Closed' Attracts Section 138 NI Act; Accused's Defence of Loan Repayment Not Proved.

The appellant, Vithal @ Vithoba Gorakh Shinde, was the original complainant in a complaint under Section 138 of the Negotiable Instruments Act, 1881 (...

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High Court of Karnataka Acquits Accused in Cheque Bounce Case Due to Failure to Prove Legally Enforceable Debt. Dishonour of Cheque Under Section 138 of Negotiable Instruments Act, 1881 — Presumption Under Section 139 Rebutted by Accused Showing Loan Not Advanced.

The case involves a criminal revision petition filed by the accused, Jagadish R, challenging his conviction under Section 138 of the Negotiable Instru...

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High Court Upholds Acquittal in Negotiable Instruments Act Case Due to Failure to Prove Legal Enforceability of Debt. The Court Found That Presumption Under Section 139 Did Not Extend to Legal Liability as Complainant Could Not Prove Partnership Profits Through Profit and Loss Account or Balance Sheet.

This was a criminal appeal filed by the complainant under Section 138 of the Negotiable Instruments Act, 1881 against the judgment of acquittal passed...

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High Court of Bombay at Nagpur Allows Appeal in Cheque Dishonour Case Due to Discrepancy in Date of Knowledge of Dishonour — Notice Held to be Within Time as Complainant Received Information on 23rd May, 1997.

The appellant, Tarachand Paliwal (since deceased, represented by his legal heir Rupesh Paliwal), filed a criminal appeal against the acquittal of the ...

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Bombay High Court Quashes Process Against Director in Cheque Dishonour Case for Lack of Specific Allegations of Vicarious Liability. Section 141 NI Act requires specific averment that the director was in charge of and responsible for the conduct of business at the time of offence.

The applicant, Gaurav Vijay Bhatia, was arraigned as accused No. 3 in a criminal complaint filed by Ramnath P. Subramaniam (respondent No. 1) under Se...