Search Results for "Negotiable Instruments"

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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.

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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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.

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

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High Court of Kerala Examines Complainant's Appeal Against Acquittal in Negotiable Instruments Act Case. Court Assesses Whether Trial Court Erred in Denying Presumptions Under Sections 118 and 139 NI Act Where Accused Admitted Signature and Part Liability.

The appeal arose from a prosecution under Section 138 of the Negotiable Instruments Act, 1881 initiated by the complainant, D. Chandran, against the a...

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Bombay High Court Allows Appeal in NI Act Case: Solitary Loan Transaction Not Money Lending Business Under Bombay Money Lenders Act, 1946. Single instance of lending does not constitute money lending business, making debt legally recoverable and prosecution under Section 138 NI Act maintainable.

The appellant, M/s. Raj Exports, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent for dishonour of a...

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Bombay High Court Allows Summary Suit for Cheque Dishonour, Grants Conditional Leave to Defend. Court holds that in a summary suit under Order XXXVII CPC, the defendant must show a triable issue or substantial defence to obtain unconditional leave to defend.

The Plaintiff, Tiscon Realty Private Limited, filed a Commercial Summary Suit (No. 34 of 2021) against the Defendants, C. G. Edifice (a partnership fi...

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High Court of Karnataka Quashes Criminal Proceedings Against Directors in Cheque Dishonour Case Due to Lack of Specific Averments of Vicarious Liability. Directors of Company Not Liable Under Section 138 of Negotiable Instruments Act, 1881 Without Specific Allegations of Role in Day-to-Day Affairs.

The judgment pertains to two criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) by Mr. H.S. Bedi and Mrs. Av...

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High Court of Karnataka Quashes Criminal Proceedings Against Directors in Cheque Dishonour Case Due to Lack of Vicarious Liability. Directors Not In Charge of or Responsible for Conduct of Business at Relevant Time Under Section 141 of Negotiable Instruments Act, 1881.

The judgment pertains to two criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973, by Mr. H.S. Bedi (Managing Director) ...