Search Results for "Section 141 Negotiable Instruments Act"

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Search Results for "Section 141 Negotiable Instruments Act"

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High Court

Bombay High Court Allows Appeal in NI Act Case, Sets Aside Acquittal of Director and Company for Non-Compliance with Section 138 Requirements. The court held that the trial court erred in acquitting the director without deciding the company's liability and misdirected itself on the issue of statutory notice.

7 Mar 2024

The appellant, S. Selvakumari Perulmal, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against Kaushal Realtors Pvt. Ltd....

High Court

Karnataka High Court Hears Writ Petition Challenging Criminal Complaint Under Factories Act; Occupier Contends Non-Joinder of Company and Lack of Order Viciate Proceedings Under Section 7A(2)(c) of the Factories Act, 1948.

6 Dec 2021

The petitioner, the occupier of M/s Toyota Kirloskar Motor Private Limited, filed a writ petition under Articles 226 and 227 of the Constitution read ...

Supreme Court

Supreme Court Disposes of Miscellaneous Application in Suo Motu Limitation Extension Case with Final Directions. The Court excluded the period from 15.03.2020 to 02.10.2021 in computing limitation under general and special laws, providing a 90-day period from 03.10.2021 for cases where limitation expired, and applied this to specific statutes including Arbitration and Conciliation Act, 1996, and Negotiable Instruments Act, 1881.

23 Sep 2021

The Supreme Court of India, in suo motu proceedings initiated due to the COVID-19 pandemic, addressed the extension of limitation periods for legal pr...

High Court

Bombay High Court Quashes Complaint Against Sleeping Partner in Negotiable Instruments Act Case — No Prima Facie Case as Partner Did Not Sign Cheque or Participate in Business. The court held that a sleeping partner who did not sign the cheque and was not involved in the business cannot be prosecuted under Section 138 of the Negotiable Instruments Act, 1881, and continuing proceedings would be an abuse of process.

9 Dec 2020

The applicant, Ajay Rampal Sarda, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of Criminal...

High Court

High Court of Karnataka Dismisses Revision Petition in Cheque Bounce Case — Conviction Under Section 138 of Negotiable Instruments Act, 1881 Upheld. Presumption of Legally Enforceable Debt Under Section 139 NI Act Not Rebutted by Accused.

12 Nov 2019

The petitioners, accused Nos.1 and 2, were convicted by the LVII Additional Chief Metropolitan Magistrate, Mayo Hall unit, Bengaluru in C.C.No.53439/2...

High Court

High Court of Bombay Allows Discharge of Accused Director in Cheque Dishonour Case — Resignation Prior to Cheque Issuance Absolves Liability Under Section 138 of Negotiable Instruments Act, 1881. The court held that a director who resigned before the cheques were issued cannot be held vicariously liable under Section 141 of the Negotiable Instruments Act, 1881.

23 Aug 2019

The applicant, Ramesh Pahulraj Makhija, was original accused No.6 in Criminal Complaint No.538 of 2003 filed by Respondent No.2 under Section 138 of t...

High Court

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.

16 Jan 2019

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...

High Court

Bombay High Court Dismisses Petition Challenging Prosecution Under Section 138 NI Act Against Partner Without Joining Firm. Partner Can Be Prosecuted Individually as Vicarious Liability Under Section 141 NI Act Extends to Every Person in Charge of Business.

29 Jan 2016

The Bombay High Court decided four criminal writ petitions involving the same parties and a common question of law: whether a prosecution under Sectio...

High Court

Bombay High Court Quashes Criminal Proceedings Against Cooperative Bank Officials in Dishonour of Cheque Case Due to Lack of Vicarious Liability. Directors and Chairman Not Liable for Offences Under Negotiable Instruments Act Without Specific Allegations of Role in Day-to-Day Affairs.

22 Oct 2013

The petitioners, who are the Chairman and Manager of a cooperative society (Shri Rajiv Gandhi Sahakari Nagari Path Sanstha Maryadit), were arraigned a...

High Court

Bombay High Court Quashes Criminal Complaint for Cheque Dishonour Due to Lack of Proper Service of Demand Notice and Non-Compliance with Section 138 NI Act Requirements. The court held that the complaint did not disclose essential ingredients of the offence under Section 138 of the Negotiable Instruments Act, 1881, as the demand notice was not properly served and there were no specific averments against the partners.

12 Jul 2006

The applicants, M/s D.P. Jain & Co., a partnership firm, and its partners Girish Jain, Dharampal Jain, and Deepak Jain, filed an application under Sec...

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