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Search Results for "cheque payment"

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High Court

Bombay High Court Dismisses Petition Challenging Territorial Jurisdiction in NI Act Case — Cheque Drawn on Bank Within Court's Jurisdiction Confers Jurisdiction Under Section 138 Negotiable Instruments Act, 1881. The court held that the place where the cheque is presented to the drawee bank determines jurisdiction, not the place of deposit for collection.

11 Dec 2013

The petitioners, original accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881, challenged the territorial jurisdiction of...

High Court

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 — Complainant Failed to Establish Underlying Debt Was Legally Enforceable as Loan Exceeded Prescribed Limit Under Section 269SS of Income Tax Act, 1961.

19 Jul 2024

The present criminal revision petition was filed by the accused, Mr. Francis Zavier W., challenging his conviction under Section 138 of the Negotiable...

High Court

Bombay High Court Adjudicates Section 34 Petition Against Arbitral Award in Insurance Claim Settlement — Issues of Arbitrability and Full and Final Settlement Raised. Insurer Contended That Dispute Was Non-Arbitrable Under Clause 13 and That Acceptance of Payment Constituted Full and Final Settlement Barring Further Claims.

13 Mar 2015

The matter pertained to an arbitration petition under Section 34 of the Arbitration and Conciliation Act, 1996 filed by National Insurance Company Lim...

High Court

High Court of Bombay at Goa Allows Appeal in Negotiable Instruments Act Case — Stop Payment Instruction Does Not Absolve Liability Under Section 138. Dishonour of Cheque Due to 'Stop Payment' Constitutes an Offence Under Section 138 of the Negotiable Instruments Act, 1881, When Issued for Discharge of a Legally Enforceable Debt.

11 Feb 2010

The appellant, Peter Mascarenhas, filed two criminal appeals challenging the judgments of the Sessions Court, which had set aside the conviction of th...

High Court

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.

14 Aug 2015

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...

High Court

Bombay High Court Sets Aside Discharge of Accused in Cheque Bounce Case Despite BIFR Proceedings. The court held that an order under Section 22 of SICA does not automatically bar criminal proceedings under Section 138 of the Negotiable Instruments Act, 1881.

9 Apr 2013

The petitioner, Harshad Jayprasad Bakshi, filed a criminal writ petition challenging the order of the learned Metropolitan Magistrate, 12th Court, Mum...

High Court

High Court of Karnataka Allows Writ Petition Challenging Dismissal of Application Under Section 431 Cr.P.C. in Negotiable Instruments Act Case — Compromise Petition Under Section 147 N.I. Act Set Aside Due to Non-Compliance with Mandatory Procedure. The court held that the trial court must examine the compromise and pass appropriate orders under Section 431 Cr.P.C. before dismissing the application.

7 Feb 2020

The petitioner, Sri Somashekara Reddy, proprietor of Sunlight Solar Technology, filed a writ petition under Articles 226 and 227 of the Constitution o...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Suit, Remands for Trial on Admissions. The Court held that Order XII Rule 6 CPC requires clear and unequivocal admissions, and where the defendant disputes the genuineness of the agreement and receipt of consideration, the suit cannot be decreed summarily.

1 Jan 2019

The Supreme Court considered an appeal against the judgment of the Delhi High Court Division Bench which had allowed an application under Order XII Ru...

High Court

Bombay High Court Allows Complaint by Constituted Attorney in Dishonour of Cheque Case — Reinstates Process Quashed by Sessions Court. Constituted Attorney Can File Complaint Under Section 138 of Negotiable Instruments Act, 1881 on Behalf of Payee.

18 Aug 2010

The petitioner, Vilas Baliram Sawant, filed a writ petition challenging the order of the Additional Sessions Judge, Greater Mumbai, which quashed the ...

Supreme Court

Supreme Court Upholds Acquittal in Corruption Case Due to Lack of Proof of Demand. High Court's reversal of conviction for offences under Sections 7 and 13(1)(d) r/w Section 13(2) of Prevention of Corruption Act, 1988 upheld as prosecution failed to prove demand of bribe beyond reasonable doubt.

13 Dec 2024

The case pertains to an appeal filed by the State of Karnataka against the acquittal of the respondent, Chandrasha, by the High Court of Karnataka. Th...

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