Search Results for "notice under section 138"

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Search Results for "notice under section 138"

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High Court

Bombay High Court Allows Appeal Against Return of Plaint in Suit Challenging Deed of Additional Right of Way. Court holds that valuation for jurisdiction is determined by the plaintiff's valuation in the plaint, and the City Civil Court cannot go beyond the plaint allegations to determine pecuniary jurisdiction under Order 7 Rule 10 CPC.

9 Nov 2023

The appeal arises from an order dated 12 October 2022 passed by the City Civil Court, Greater Mumbai, allowing Notice of Motion No. 1797/2021 filed by...

High Court

High Court of Bombay at Goa Hears Public Interest Litigation on Railway Double Tracking Permissions. The Petitioners Contended That Railway Authorities Must Obtain Prior Permissions Under Goa Panchayat Raj Act, 1994, Town and Country Planning Act, 1974, Irrigation Act, 1973, Land Revenue Code, 1968 and CRZ Notification, 2011, and That Section 11 of Railways Act, 1989 Does Not Exempt Such Permissions.

3 Aug 2022

By way of a public interest litigation, a society registered under the Societies Registration Act, 1860, and three residents of Guirdolim, Chandor and...

High Court

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.

16 Jan 2019

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) ...

High Court

Bombay High Court Quashes Process Against Directors in Cheque Dishonour Case Due to Lack of Specific Averments of Vicarious Liability. The court held that under Section 141 of the Negotiable Instruments Act, 1881, directors cannot be held liable without specific allegations that they were in charge of and responsible for the conduct of business of the company.

10 Jan 2019

The petitioners, Rakesh P. Gupta and Shishir Prabhakar Dharkar, were directors of a private limited company accused in two separate complaints under S...

High Court

High Court of Bombay at Nagpur Dismisses Appeal by Society in Cheque Dishonour Case for Failure to Prove Debt. Appellant Society Could Not Establish Outstanding Loan Amount After Auction of Pledged Goods, Resulting in Acquittal Under Section 138 of Negotiable Instruments Act, 1881.

1 Aug 2018

The appellant, Buldana Urban Co-op. Credit Society Ltd., filed a criminal appeal against the acquittal of the respondent, Pyaru Saimulla Sheikh, for a...

High Court

High Court of Karnataka Quashes Criminal Proceedings in Dishonour of Cheque Case Due to Non-Compliance with Mandatory Pre-Litigation Notice Requirements Under Section 138 of Negotiable Instruments Act, 1881. The statutory notice must demand payment of the cheque amount; a notice that only threatens legal action is invalid and cannot sustain prosecution.

21 Oct 2022

The petitioner, Sri M. Gopal, was the accused in C.C. No. 561/2016 pending before the Principal Civil Judge and JMFC, Mulabagal, arising out of P.C.R....

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Corporate Debtor in NI Act Case Due to IBC Moratorium. Proceedings Under Section 138 of Negotiable Instruments Act, 1881 Are Barred by Moratorium Under Section 14(1)(a) of Insolvency and Bankruptcy Code, 2016 When Complaint Is Filed Only Against Corporate Entity Without Natural Persons as Accused.

18 Nov 2021

The appeal arose from a challenge to the High Court's refusal to quash proceedings under Section 138 of the Negotiable Instruments Act, 1881 initiated...

High Court

High Court of Karnataka Reserves Order on Petitions to Quash FIRs in Joint Development Project Dispute. Petitions Challenge Three Separate Criminal Proceedings for Breach of Agreement, Cheating, Forgery, and Bribery in Procurement of Occupancy Certificate for Residential Villa Project.

5 Apr 2024

The High Court of Karnataka heard three criminal petitions filed by Sri Aditya Kankaria, a director of M/s KSM Niketan Pvt. Ltd., seeking quashing of ...

High Court

High Court of Karnataka Quashes Complaint Against Directors in Dishonour of Cheque Case — No Vicarious Liability Without Specific Averments. Complaint under Section 138 of Negotiable Instruments Act, 1881 quashed as petitioners were not signatories to the cheque and complaint lacked specific allegations of their role in day-to-day affairs.

8 Jan 2019

The petitioners, Shaju K. Nair and Riya Nair, were directors of M/s. Clariya Marketing Services Private Limited. The respondent, M/s. S.L.V. Steels & ...

High Court

High Court of Bombay at Goa Allows Appeal by Complainant Society in Cheque Dishonour Case — Acquittal Set Aside Due to Limitation Error and Failure to Rebut Presumption. The court held that the complaint was within limitation and the accused did not rebut the presumption under Section 139 of the Negotiable Instruments Act, 1881 that the cheque was issued for a legally enforceable debt.

22 Jun 2010

The appellant, VPK Urban Co-operative Credit Society Limited, filed a criminal appeal against the acquittal of the accused, Narayan S. Naik, by the Ju...

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