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Bombay High Court Allows Appeal in Section 138 NI Act Jurisdiction Dispute — Complaint Maintainable at Place of Payee's Bank. Territorial jurisdiction for dishonour of cheque lies where the payee's bank is located, as presentation and dishonour occur there under Section 178(d) CrPC.

The case involves a criminal appeal under Section 138 of the Negotiable Instruments Act, 1881, concerning territorial jurisdiction. The appellant, Cro...

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High Court of Karnataka Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Dishonour of Cheque. Complainant Established Debt and Signature Presumption Under Section 139 of NI Act, Accused Failed to Rebut.

The case involves a criminal appeal filed by the complainant, K.A. Ananda, against the acquittal of the accused, N. Gangadhara, for the offence under ...

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High Court Hears Appeals Against Conviction for Cheating and Corruption—Bank Employees and Others Accused of Disappearing Clearing Cheques to Cause Rs. 35.50 Lakh Loss. Conviction Under IPC Sections 120-B, 420 and Prevention of Corruption Act Challenged on Grounds of Erroneous Appreciation of Evidence.

The case originated from a prosecution by CBI against five accused persons for conspiracy to cheat Bank of India. Accused No.1, a clerk at the Service...

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High Court of Karnataka Allows SBI Appeal in Demand Draft Fraud Case — Bank Held Negligent for Confirming Non-Encashment Despite Prior Payment. SBI Bangalore's Own Negligence in Issuing Incorrect Confirmation Precludes Recovery from Collecting Bank Under Section 131 of Negotiable Instruments Act, 1881.

The appellant, State Bank of India (SBI), Bangalore branch, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, agains...

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Bombay High Court Allows Director's Application to Quash Process in Cheque Dishonour Case Due to Lack of Specific Allegations Under Section 141 NI Act. Director Cannot Be Held Vicariously Liable Without Averment of Being in Charge of Business Conduct.

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...

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Supreme Court Hears Transfer Petitions in Cheque Dishonour Case Under Section 138 NI Act — Jurisdictional Dispute Between Kolkata and Bhopal Courts. Court Examines Pre and Post Amendment Legal Principles to Determine Proper Forum for Trial.

The Supreme Court addressed transfer petitions filed by the accused company seeking transfer of a complaint under Section 138 of the Negotiable Instru...

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High Court of Judicature at Bombay Adjudicates Company Petition for Winding Up Over Unpaid Derivative Transaction Debts. The Petitioner Bank Claimed Rs.8.74 Crores from the Respondent Company Following Defaults on Forex Options Margin Calls Under ISDA Master Agreement.

The litigation stems from a company petition filed by HDFC Bank Ltd. under the provisions of the Companies Act, 1956 seeking winding up of Rohan Dyes ...