Search Results for "negotiable instrument"

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Search Results for "negotiable instrument"

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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...

Supreme Court

Supreme Court Allows Appeal in Negotiable Instruments Act Case, Reversing Acquittal Based on Technical Defects in Complaint Format. The Court held that a complaint filed by a company's Managing Director describing himself as such in the cause title, accompanied by a Board Resolution authorizing him to file the complaint, satisfies the requirement under Section 142(a) of the Negotiable Instruments Act, 1881, that the complaint must be made by the payee or holder in due course.

10 Nov 2021

The dispute arose from the dishonour of eight cheques totaling Rs. 1,60,000 issued by Dayashankar Prasad Chaurasia in favor of M/s. Bell Marshall Tele...

Supreme Court

Supreme Court Quashes Criminal Complaint Against Director in Minimum Wages Act Case Due to Lack of Vicarious Liability. Complaint Failed to Establish Director Was In-Charge of Company's Business Under Section 22C of Minimum Wages Act, 1948, Making Prosecution Unmaintainable.

29 Oct 2021

The dispute arose from a criminal complaint filed against Dayle De'Souza, a director of Writer Safeguard Pvt. Ltd., alleging violations of the Minimum...

Supreme Court

Supreme Court Dismisses Appeal in Criminal Case Involving Cheque Dishonour and Cheating Allegations. The Court upheld the High Court's discharge order, ruling that the transaction was a civil loan dispute without prima facie evidence of criminal offences under Section 138 of the Negotiable Instruments Act, 1881, or Section 420 of the Indian Penal Code, 1860.

28 Oct 2021

The dispute arose from a criminal complaint filed by the appellant against the respondent No.2, alleging offences under Section 138 of the Negotiable ...

Supreme Court

Supreme Court Quashes Anticipatory Bail in Criminal Appeal Due to Accused Absconding and Proclamation Under Section 82 CrPC. High Court Erred in Granting Anticipatory Bail Without Considering Initiation of Proceedings Under Section 82/83 CrPC and Seriousness of Offences Under Sections 406 and 420 IPC, as Per State of Madhya Pradesh vs. Pradeep Sharma Precedent.

21 Oct 2021

The appeal arose from the High Court's order granting anticipatory bail to the accused in a criminal case. The appellant, the original informant, had ...

Supreme Court

Supreme Court Allows Appeal in Dishonour of Cheque Case, Reinstates Proceedings Quashed by High Court. Parallel Prosecutions Under Section 138 of the Negotiable Instruments Act, 1881 and Other Offences Are Permissible, and Settlement Agreement Does Not Extinguish Liability Unless Full Payment Is Made.

8 Oct 2021

The dispute arose from dishonoured cheques issued by Aanchal Cement Limited (ACL) to Gimpex Private Limited. Gimpex had paid customs duty and wharfage...

Supreme Court

Supreme Court Quashes Summons Against Directors in Cheque Dishonour Case Due to Lack of Specific Averments Under Section 141 NI Act. Complaint under Section 138 of Negotiable Instruments Act, 1881 failed to allege that directors were in charge of and responsible for company's business at time of offence, making vicarious liability unsustainable and proceedings an abuse of process.

8 Oct 2021

The Supreme Court of India heard criminal appeals arising from special leave petitions against a common High Court judgment that dismissed petitions u...

Supreme Court

Supreme Court Dismisses Complainant's Appeals in Criminal Summoning Case Due to Lack of Specific Allegations. Sessions Court and High Court Correctly Quashed Summons Against Company Executives as Prima Facie Case Not Made Out Under Sections 427, 447, 506, and 120B read with Section 34 IPC.

27 Sep 2021

The dispute arose from a private complaint filed by the original complainant against thirteen accused, including companies and their executives, for o...

Supreme Court

Supreme Court Restores Conviction of Accused in Dishonour of Cheque Case Under Negotiable Instruments Act, 1881. The High Court Erred in Setting Aside Concurrent Conviction by Questioning Payment of Consideration Despite Admitted Signatures and Statutory Presumptions Under Sections 118 and 139 of the Act.

23 Sep 2021

The dispute originated from a transaction where the respondent agreed to sell a house to the appellant for Rs. 4,00,000, with an advance of Rs. 3,50,0...

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...

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