Search Results for "post-dated cheque"

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Search Results for "post-dated cheque"

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High Court

High Court of Karnataka Allows Revision Petition in Cheque Dishonour Case Due to Premature Presentation — Section 138 NI Act Complaint Quashed as Cheque Presented Before Due Date. The court held that presenting a post-dated cheque before its due date is premature and does not constitute a valid cause of action under Section 138 of the Negotiable Instruments Act, 1881.

23 Jun 2026

The revision petition was filed by the accused against the judgment dated 28.06.2023 in C.C.No.444/2019 passed by the Trial Court and the judgment dat...

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...

Supreme Court

Supreme Court Dismisses Contempt Petition for Alleged Wilful Disobedience of Order to Vacate Premises — Failure to File Undertaking and Pay Dues Not Contempt as Substantive Compliance Achieved.

6 May 2020

The contempt petition was filed by Hukum Chand Deswal (petitioner) against Satish Raj Deswal (respondent) alleging wilful disobedience of the Supreme ...

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

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...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit — Holds That Payments Made to Authorized Representatives of Partnership Firm Are Valid Under Contract Act. Burden of Proof Shifts to Defendants When Plaintiff Proves Payment to Persons Held Out as Authorized in Brochure.

31 Mar 2017

The case involves a second appeal filed by the original plaintiff, Mr. Sharad Prabhudas, against the judgment of the First Appellate Court which rever...

High Court

Bombay High Court Dismisses Appeal Against Arbitral Award in Stock Brokerage Dispute — Upholds Single Judge's Rejection of Section 34 Petition. Court Holds That No Interference Is Warranted Under Section 37 of the Arbitration and Conciliation Act, 1996 When the Arbitrator's Findings Are Based on Evidence and Not Perverse.

14 Mar 2016

The appellant, Mrs. Money Nair, filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, against a judgment dated 13 March 2015...

High Court

Bombay High Court Partially Allows Petition Against Arbitral Award in Hire Purchase Dispute — Reduces Interest Rate from 36% to 24% per annum. Court holds that 36% per annum interest on delayed payments is penal and excessive, and reduces it to 24% per annum under Section 34 of the Arbitration and Conciliation Act, 1996.

8 Jan 2015

The petitioners, Ashwin Crane & Construction and Ashwin Virji Dhame, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, ...

High Court

Bombay High Court Sets Aside Arbitral Award in Stock Broker Dispute Due to Patent Illegality and Violation of Natural Justice. The court held that the arbitral tribunal erroneously shifted the burden of proof and failed to follow principles of natural justice, rendering the award liable to be set aside under Section 34 of the Arbitration and Conciliation Act, 1996.

31 Aug 2012

The case involves a challenge under Section 34 of the Arbitration and Conciliation Act, 1996, to an arbitral award passed by a tribunal constituted un...

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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