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Search Results for "cheque payment"

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High Court

Bombay High Court Upholds Assessee in Tax Refund Interest Dispute: Interest under Section 244A Payable from Date of Tax Payment, Not Central Government Account Credit. Court Clarifies that Payment by Cheque to Authorized Agent Constitutes Payment upon Debit to Assessee's Account, Thus Interest Entire Month of Payment Even if Credited Later.

11 Aug 2011

The appeal before the Bombay High Court arose from a dispute regarding the date from which interest under section 244A of the Income Tax Act, 1961 is ...

High Court

Bombay High Court Allows Petition and Quashes Process in Cheque Dishonour Case Where Cheque Was Issued as Security Deposit. Held that a cheque given as security for due performance of a contract does not constitute a 'debt or other liability' under Section 138 of the Negotiable Instruments Act, 1881, and thus dishonour of such a cheque is not an offence.

20 Jul 2010

The petitioner, Joseph Vilangadan, was the managing partner of M/s. Encon Engineering and Contractors, which entered into an agreement with the respon...

High Court

Bombay High Court Dismisses Appeal Against Summary Decree in Dishonoured Cheque Case — Interest at 18% p.a. under Section 80 of Negotiable Instruments Act, 1881. Cheque is an 'instrument' under Section 80, entitling payee to interest at 18% per annum from date of presentation.

11 Jun 2014

The appeal arises from an order making a Summons for Judgment absolute and decreeing a suit for recovery of Rs.64,02,308/- with interest at 18% p.a. f...

High Court

Bombay High Court Upholds Conviction Under Section 138 NI Act for Dishonour of Cheque Issued as Security for Loan — Blank Cheque Given as Security Does Not Absolve Liability if Debt Exists

4 Mar 2005

The petitioner, Chandrakant Laxman Kerkar, was convicted under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of a cheque for Rs. 6...

High Court

Bombay High Court Upholds Conviction Under Section 138 NI Act for Cheque Dishonour Due to Stop Payment. Accused's Defence of Agreement Breach Fails as Stop Payment Constitutes Dishonour Under Section 138 of Negotiable Instruments Act, 1881.

27 Sep 2006

The case involves a criminal revision petition filed by the accused, Gabriel Peter D'Souza, challenging his conviction under Section 138 of the Negoti...

High Court

High Court of Karnataka Quashes Cheque Dishonour Fee Imposed by Electricity Company — Levy Without Statutory Authority or Contractual Basis is Unlawful. The court held that the respondents were not entitled to levy a cheque dishonour fee under Regulation 29.05(d) of the Electricity Supply and Distribution Code, 2001, as the petitioner had paid the entire arrears by a pay order before the due date.

26 Nov 2014

The petitioner, M/s Kanoria Industries Limited, a company incorporated under the Companies Act, 1956, was an industrial consumer of electricity suppli...

High Court

Bombay High Court Quashes Process in Cheque Dishonour Case Due to Lack of Averment of Insufficient Funds. Stop Payment Instructions After Request Not to Present Cheque Do Not Attract Section 138 of Negotiable Instruments Act, 1881.

22 Jul 2019

The petitioner, Manisha Salekar, filed a criminal writ petition challenging the order dated 17.12.2018 passed by the Additional Sessions Judge, Kalyan...

High Court

Bombay High Court Upholds Conviction in Cheque Bounce Case — Rebuttable Presumption Under Section 139 NI Act Not Displaced by Accused. The court held that the accused failed to rebut the presumption that the cheque was issued for discharge of a legally enforceable debt, and the defence of cash repayment was not proved.

26 Apr 2023

The case pertains to a criminal revision application filed by the accused challenging his conviction under Section 138 of the Negotiable Instruments A...

High Court

High Court of Bombay at Goa Dismisses Revision Against Conviction Under Section 138 of Negotiable Instruments Act, 1881 — Cheque Issued as Security for Advance Payment Dishonoured. Court holds that once a cheque is issued towards discharge of a legally enforceable debt or liability, the presumption under Section 139 of the NI Act applies, and the accused failed to rebut it.

6 Feb 2024

The case arises from a criminal revision application filed by the applicant, Maximos Ekka, challenging his conviction under Section 138 of the Negotia...

High Court

Bombay High Court Allows Appeal Against Acquittal in Cheque Dishonour Case — Stop Payment Instruction Constitutes Offence Under Section 138 of Negotiable Instruments Act, 1881. The court held that the drawer who stops payment of a cheque cannot escape liability if the cheque is dishonoured, and the presumption of a legally enforceable debt under Section 139 NI Act was not rebutted.

31 Aug 2006

The appellant, M/s P. V. Constructions, through its proprietor S. Venugopalan, filed a criminal appeal against the acquittal of the respondent, K. J. ...

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