Search Results for "cheque mandate"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Dismisses Appeal in Compulsory Retirement Case Based on Declining ...
Supreme Court Upholds High Court's Determination that Non-Signatory to MoS Not B...

Search Results for "cheque mandate"

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High Court

High Court of Bombay at Goa Allows Accused's Petition for Cross-Examination in NI Act Case — Rejection of Section 145(2) Application Set Aside. The Court held that once the accused discloses specific defence in an application under Section 145(2) of the Negotiable Instruments Act, 1881, the Magistrate must allow the application and grant an opportunity for cross-examination.

26 Feb 2024

The Petitioner, Narayan Shivdas Kadam, was an accused in a complaint filed by M/S Shriram Transport Finance Co. Ltd. under Section 138 of the Negotiab...

High Court

Bombay High Court Upholds Conviction Under Section 138 NI Act, Reduces Sentence to Period Already Undergone, and Enhances Compensation to Rs. 10 Lakhs. The court held that the presumption of legally enforceable debt under Section 139 NI Act was not rebutted, and compensation was enhanced to meet the ends of justice.

8 Aug 2023

The case arises from two criminal revisions filed against the judgment of the Additional Sessions Judge, Aurangabad, in appeals arising from a convict...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit, Sets Aside Concurrent Findings for Failure to Prove Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963. The court held that mere production of a cheque during evidence without other proof does not satisfy the requirement of readiness and willingness, and a plaintiff claiming additional payment beyond the agreement must prove it.

30 Sep 2022

The case involves a second appeal arising from a suit for specific performance of an agreement to sell. The appellant, original defendant no.1, challe...

High Court

High Court of Karnataka Allows Appeal in Money Recovery Suit — Admission of Liability in Written Statement Constitutes Acknowledgment Under Section 18 of Limitation Act, 1963. Suit for Recovery of Money Based on Supply of Goods Held Not Time-Barred Due to Defendant's Admission.

22 Oct 2021

The case involves a suit for recovery of money filed by M/s. Jindal Steels, a partnership firm (plaintiff), against Trident Architectural Aluminium Pr...

High Court

High Court of Karnataka Acquits Accused in Cheque Bounce Case Due to Time-Barred Debt. Conviction under Section 138 of Negotiable Instruments Act, 1881 Set Aside as Complainant Failed to Prove Legally Enforceable Debt.

31 Mar 2021

The petitioner, T.C. Chandraiah, was the accused in Criminal Case No.433/2013 before the Senior Civil Judge and JMFC, Channapatna, for an offence unde...

High Court

Bombay High Court Quashes Process Against Directors in Cheque Bounce Case for Lack of Specific Allegations of Vicarious Liability. Complaint under Section 138 r/w 141 of Negotiable Instruments Act, 1881 fails to aver that directors were in charge of and responsible for conduct of business at the time of offence.

23 Sep 2019

The applicants, Kulwant Chauhan and Upneet Chauhan, were directors of a company that issued cheques to Transasia BioMedicals Ltd. The cheques were dis...

High Court

High Court of Karnataka Dismisses Revision Petition in Cheque Bounce Case — Conviction and Fine of Rs.1.80 Crore Upheld. Dishonour of Cheque for Rs.90 Lakhs Issued Towards Repayment of Loan — Presumption Under Section 139 of Negotiable Instruments Act, 1881 Not Rebutted by Accused.

13 Sep 2019

The case involves a criminal revision petition filed by the accused (Maxworth Realty India Ltd. and its Chairman & Managing Director K. Kesava) challe...

High Court

High Court of Bombay at Nagpur Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal Based on Misappreciation of Statutory Presumption Under Section 139. The Court Held That the Accused Failed to Rebut the Presumption That the Cheque Was Issued for Discharge of a Debt or Liability.

9 Jan 2018

The appellant, Ghanshyamdas Lalchand Chandak, was the original complainant in Summary Criminal Case 241/1999 under the Negotiable Instruments Act, 188...

High Court

Bombay High Court Dismisses Section 9 Arbitration Petition Seeking Interim Relief for Alleged Breach of Settlement Agreement — No Prima Facie Case for Injunction or Deposit of Funds Established. Court Held That Settlement Deed Did Not Create Obligation to Pay Rs.8.49 Crores and Balance of Convenience Was Against Granting Interim Measures.

25 Apr 2013

The petitioner, Ratnam Sudesh Iyer, a Singaporean citizen and shareholder of Atlas Equifin Pvt. Ltd., filed an arbitration petition under Section 9 of...

High Court

Bombay High Court Dismisses Winding-Up Petitions for Non-Prosecution Due to Non-Compliance with Directions. Failure to File Affidavit of Documents and Appear Before Court Leads to Dismissal Under Rule 34 of the Companies (Court) Rules, 1959.

30 Nov -0001

The judgment concerns two company petitions (CP 496/2014 and CP 497/2014) filed by Janak Herkishen Vaswani and Mrs. Renuka Herkishen Vaswani respectiv...

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