Search Results for "Notice of demand"

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Search Results for "Notice of demand"

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High Court

Bombay High Court Dismisses Petitioner's Challenge to Revisional Order in Dishonour of Cheque Cases — Limitation Bar Rejected. Court holds that complaints under Section 138 of Negotiable Instruments Act, 1881 were filed within limitation period as the period of limitation commences from the date of receipt of notice of demand, not from the date of dishonour.

16 Dec 2025

The petitioner, Kartik Harshad Jhaveri, proprietor of Care Comp Computer Solutions, filed three writ petitions under Article 227 of the Constitution o...

High Court

High Court of Karnataka Quashes Criminal Proceedings in Dishonour of Cheque Case Due to Non-Compliance with Section 138 NI Act Requirements — Order under Section 421 CrPC Set Aside for Lack of Proper Service of Notice and Non-Production of Original Cheque

21 Jun 2024

The petitioner, Sri Mathikere Jayaram Shantharam, was the accused No.1 in a complaint filed by the respondent, Sri Pramod C., under Section 138 of the...

Supreme Court

Supreme Court Allows Landlords' Appeal in Rent Control Eviction Case — Tenant's Failure to Pay Rent and Subletting Justify Eviction Under U.P. Act No. 13 of 1972. The Court held that the High Court erred in reversing concurrent findings of fact on non-payment of rent and subletting, which were valid grounds for eviction under Sections 20(2)(a) and 20(2)(b) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972.

27 Aug 2019

The case involves a dispute between landlords (appellants) and tenants (respondents) over a shop premises located at Khasra No. 5, Khari Bazar Lane, K...

Supreme Court

Supreme Court Quashes Complaint Against Director in Cheque Dishonour Case for Non-Joinder of Company. Prosecution under Section 138 NI Act cannot proceed without arraigning the company as an accused, and notice of demand must be served on the company.

17 Jan 2019

The case involves a complaint under Section 138 of the Negotiable Instruments Act, 1881 filed by the respondent against the appellant, Himanshu, alleg...

High Court

Bombay High Court Dismisses Appeal Against Acquittal in Cheque Bounce Case Due to Failure to Prove Debt and Notice. Complainant failed to establish financial capacity and valid demand notice under Section 138 of Negotiable Instruments Act, 1881.

7 Dec 2015

The appellant, Ghanshyam D. Katira, was the original complainant in a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the ...

High Court

Bombay High Court Allows Quashing of Complaint Under Section 138 NI Act Due to Non-Compliance with Mandatory Notice Requirements. Dishonour of Cheque Complaint Quashed as Notice of Demand Was Not Served Within 15 Days of Receipt of Information of Dishonour as Required Under Section 138(b) of Negotiable Instruments Act, 1881.

22 Dec 2006

The applicant, Smt. Ramilaben Trikamlal Shah, filed a complaint under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881 agains...

High Court

Bombay High Court Dismisses Writ Petition Challenging Eviction Decree Under Bombay Rent Act — Purchaser of Property Entitled to Benefit of Pending Eviction Suit Without Fresh Notice. Assignment of Landlord's Interest During Pendency of Suit Under Order 22 Rule 10 CPC Allows Assignee to Continue Eviction Proceedings Based on Original Notice of Default.

28 Jun 2006

The petitioners, Ramesh Silk Mills & Ors., were tenants of premises that were the subject of an eviction suit filed in September 1979 by the original ...

High Court

Bombay High Court Allows Tenant's Petition in Eviction Suit Over Rent Default — Notice of Demand Not Proved. Education Cess Not Payable Monthly Under Maharashtra Education (Cess) Act, 1962, Hence Section 12(3)(a) of Bombay Rents, Hotel and Lodging Rates (Control) Act, 1947 Not Attracted.

19 Jun 2006

The case involves a landlord's suit for eviction of tenants from two rooms in Mumbai on the ground of default in payment of rent. The landlord issued ...

High Court

Bombay High Court Allows Complainant's Appeal in Cheque Dishonour Case, Restores Conviction Under Section 138 of Negotiable Instruments Act, 1881. Accused's Assurance to Honour Cheque on Re-deposit Does Not Bar Prosecution When Complaint Filed Within Limitation.

25 Apr 2006

The appellant, Ex-Major Uday Sathe, was the original complainant in a case under Section 138 of the Negotiable Instruments Act, 1881. He sold 50 equit...

High Court

High Court of Bombay Allows Revision in Cheque Dishonour Case Due to Proper Service of Notice Under Section 138 of Negotiable Instruments Act, 1881. Notice sent by registered post to correct address is deemed served under Section 27 of General Clauses Act, 1897, even if returned unclaimed.

5 Oct 2005

The petitioner, Abdul Rehman M. Mulgand, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, against his brother, Mohammad Ha...

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