Search Results for "Legally enforceable debt"

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Search Results for "Legally enforceable debt"

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High Court

High Court of Karnataka Allows Revision and Appeal in Dishonour of Cheque Cases — Conviction Restored for One Cheque, Acquittal Set Aside for Another. The court upheld the conviction of the accused in one case under Section 138 of the Negotiable Instruments Act, 1881, and set aside the acquittal in another case, holding that the presumption under Section 139 was not rebutted in the first case, while in the second case the debt was time-barred and not legally enforceable.

22 Mar 2025

The judgment involves two connected matters: Criminal Revision Petition No.400/2016 and Criminal Revision Petition No.401/2016 filed by Sri D. Vijay (...

Supreme Court

Supreme Court Quashes Criminal Complaint Under Section 138 NI Act for Cheque Issued as Security — Endorsement on Cheque and Plaint Admission Confirm Security Purpose, No Legally Enforceable Debt Exists

3 Dec 2021

The Supreme Court allowed the appeals filed by the Directors and Managing Director of R.L. Steels & Energy Limited, quashing the criminal complaint un...

High Court

Supreme Court Upholds Financial Creditor in Insolvency Petition Based on Balance Sheet Acknowledgement Under Limitation Act. The Court held that entries in signed balance sheets constitute acknowledgement of debt under Section 18 of the Limitation Act, 1963, extending the limitation period for applications under Section 7 of the Insolvency and Bankruptcy Code, 2016, and that defects in the application regarding the date of default are curable.

15 Apr 2021

The dispute arose from an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) filed by Asset Reconstruction Company (India) ...

High Court

High Court of Karnataka Upholds Acquittal in Cheque Bounce Case Due to Failure to Prove Debt Liability. Complainant Bank Failed to Establish Legally Enforceable Debt or Liability Under Section 138 of Negotiable Instruments Act, 1881.

17 Dec 2020

The appellant, Bidar Urban Co-operative Bank Ltd., filed a criminal appeal against the acquittal of the respondent, Girish Kulkarni, by the trial cour...

High Court

Bombay High Court Upholds Acquittal in Cheque Dishonour Case Due to Time-Barred Debt. Debt or Liability Must Be Legally Enforceable on the Date of Cheque Issuance Under Section 138 of Negotiable Instruments Act, 1881.

14 Nov 2019

The appellant, M. Shantilal & Co., a partnership firm, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respond...

Supreme Court

Supreme Court Allows Appeal in Insolvency Case Due to Limitation Bar — Winding Up Petition Filed Beyond Three Years from Default Date Cannot Be Revived Under IBC. The Court held that a time-barred winding up petition under the Companies Act, 1956 cannot be treated as a valid Section 7 application under the IBC, and the filing of a suit for specific performance does not extend limitation for a winding up petition.

25 Sep 2019

The Supreme Court considered appeals arising from the admission of a winding up petition under the Insolvency and Bankruptcy Code, 2016 (IBC). The pet...

High Court

High Court of Bombay at Goa Dismisses Appeal Against Acquittal in Cheque Dishonour Case Due to Failure to Prove Legally Enforceable Debt. Complainant's inconsistent evidence and lack of financial capacity led to upholding of acquittal under Section 138 of Negotiable Instruments Act, 1881.

24 Jul 2019

The appellant, Vikas Gopi Bhagat, filed a criminal appeal against the judgment and order of acquittal dated 28.5.2013 passed by the Judicial Magistrat...

High Court

High Court of Karnataka Quashes Proceedings in NI Act Case Due to Absence of Legally Recoverable Debt Allegation. Complaint under Section 138 of Negotiable Instruments Act, 1881 fails to aver existence of legally enforceable debt or liability.

6 Jul 2018

The petitioner, R Parimala Bai, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of proceedings in CC No.22...

High Court

High Court of Karnataka Quashes Proceedings in NI Act Case Due to Absence of Legally Recoverable Debt Allegation. Complaint under Section 138 of Negotiable Instruments Act, 1881 fails as no averment of legally enforceable debt or liability exists.

6 Jul 2018

The petitioner, R Parimala Bai, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of proceedings in C...

High Court

Bombay High Court Dismisses Criminal Applications Challenging Magistrate's Orders in Private Complaint Cases — Reiterates Limited Scope of Revision Against Interlocutory Orders Under Section 397 CrPC. Order Issuing Process Under Section 204 CrPC is Interlocutory and Not Subject to Revision.

30 Nov -0001

The judgment involves multiple criminal applications filed before the Bombay High Court challenging orders passed by Magistrates issuing process again...

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