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Jul 12 2002

Lok Housing and Constructions Ltd. Vs. Raghupati Leasing and Finance L ...

Court : Delhi

Decided on : Jul-12-2002

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) - Sections 178, 397, 401 and 482 ; Negotiable Instruments Act - Sections 138, 141 and 142

Reported in : [2003]115CompCas957(Delhi); 100(2002)DLT38; 2002(64)DRJ332

also placed reliance on the decisions, in R.K. Jain v. State and Ors. 1998 (1) Crimes 514, Canbank Finance Services Ltd. v. Gitanjali Motors Ltd. : 57(1995)DLT230 and some decisions of the other High Courts. In my … Procedure (for short 'Cr.P.C.') is directed against the order dated 3rd July, 1999 passed by the court of Metropolitan Magistrate, New Delhi dismissing application of … of NegotiableInstruments Act (for short 'N.I. Act').2. Facts in brief are that the respondent filed a complaint under Section 138 of N.I. Act against the petitioners alleging that the complainant company, during the course of its business of

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Dec 14 2012

M/S. Enpee Earthmovers and Others Vs. M/S.Resources International and ...

Court : Mumbai Goa

Decided on : Dec-14-2012

Subject : Land Acquisition

that the interest has been calculated on amount of provisional bills and not final bills. Relying upon “Karekar Finance Pvt. Ltd. V/s Shri M. N. Bashyam and anr.” [2007(2) Goa L.R. 465], the learned Counsel contended that … the same. Further, according to PW.1, there were no disputes prior to 1999 and that the disputes were raised somewhere in 1999 after the Complainant … impugned in the present appeals, the Complaints filed by the appellant against the accused for offence punishable under Section 138 of the Negotiable Instruments Act, 1881. (N.I. Act, for short) were all dismissed. 3. The parties shall hereinafter

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Jan 23 2009

Govind Ram Chanani Authorised Representative of Alloy Steel Emporium V ...

Court : Karnataka

Decided on : Jan-23-2009

Subject : BankingCriminal

Acts : Negotiable Instruments Act, 1881 - Sections 8, 9, 82, 138 and 142; Code of Criminal Procedure (CrPC) - Sections 2, 200, 203, 258 and 378(4)

Reported in : 2009CriLJ2154; 2009(3)KarLJ253

complaint in complaint will not render any advantage to accused.In the case of C. Prabhu v. Sangam Corporation Finance and Investment Bangalore reported in 2002 DCR 422, it is held thus:It is open to the de jure … not comply with the demand of notice. Therefore, appellant filed complaints against respondents for the offence punishable under Section 138 of Negotiable Instruments Act. The Court below, after taking cognizance, secured the presence of respondents and recorded their

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May 04 2001

Priti Bhojnagarwala Vs. State of Gujarat and anr.

Court : Gujarat

Decided on : May-04-2001

Subject : BankingCriminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 202 to 204 and 482; Negotiable Instruments Act, 1881 - Sections 138 and 141(2)

Reported in : II(2003)BC494; (2002)1GLR293

sought to be quashed in (Main) Criminal Misc. Application No. 4188 of 1999. 3.1 The complainant whose complaint is sought to be quashed which is … the same. It is the case of the complainant that the accused have committed an offence punishable under Section 138 of the Act. 3.9. As stated in Para 7 of the complaint, it is a defence of the … parents namely Jagdishbhai and Sulochnaben, that Nidhi Investment i.e. accused No. 1 handles all portfolio of shares and finances in the most successful way and the complainant being the relative should entrust both these aspects i.e. portfolios

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Jun 29 2005

Goa Handicrafts, Rural and Small Scale Industries Development Corporat ...

Court : Mumbai

Decided on : Jun-29-2005

Subject : Criminal

Acts : Negotiable Instruments Act, 1881 - Sections 21A, 22A, 118 and 138 to 142; ;Companies Act; Code of Criminal Procedure (CrPC) , 1974 - Sections 378

Reported in : II(2006)BC278; 2005CriLJ4072

Judgment in the case of Kochayippa v. Suprasidhan and in the case of Andhra Engineering Corporation v. TCI Finance Ltd. 1999 OCR 130. He also relied on another Judgment of the Kerala High Court in the case … Sessions Judge. Panaji, who by his Order dated 5-9-2003 acquitted the Respondent /Accused for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (Act, for short) and who by his Judgment and Order was pleased

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May 23 2008

Krishna Texport Industries Ltd. Vs. Dcm Limited

Court : Delhi

Decided on : May-23-2008

Subject : CompanyBanking

Acts : Negotiable Instruments Act, 1881 - Sections 2, 138, 141 and 542; Income Tax Act; Foreign Exchange Control Act; Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 2(1), 16, 17, 22, 22(1) and 25; State Finance Corporation Act, 1951 - Sections 29 and 31; Companies Act, 1913 - Sections 179; Provident Fund Act; Code of Criminal Procedure (CrPC) - Sections 482; Companies Act, 1956 - Sections 5, 10, 179(457), 391, 391(1), 391(2), 391(6), 433, 442, 446, 446(1), 446(2) 446(3), 454, 454(5A), 454(5), 457, 545, 621, 633 and 633(2)

Reported in : IV(2008)BC627; [2008]114CompCas113(Delhi); (2008)4CompLJ177(Del); 150(2008)DLT259; 2008(104)DRJ101; [2009]89SCL151(Delhi)

in Maharashtra Tubes Ltd. (supra) is whether the remedy provided in Section 29 or 31 of the State Finance Corporation Act, 1951 could be pursued notwithstanding the ban contained in Section 22 of the SICA. Hence the … matter of winding up of Firth (India) Steel Co. Ltd. (In Liquidation) 1999 (1) M. L.J. 274, once again F.I. Rebello, J. had the occasion … which were dishonoured on account of paucity of funds resulting in complaints being filed by the appellant Under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the NI Act) and the other arose by

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Mar 06 2025

M/S Shri Sendhur Agro & Oil Industries versus Kotak Mahindra Bank ...

Court : Supreme Court of India

Decided on : Mar-06-2025

Subject : Land Acquisition

Reported in : [2025]3S.C.R.714

Private Limited v. Inderpal Singh [2015] 14 SCR 153 : (2016) 2 SCC 75; A.E. Premanand v. Escorts Finance Ltd. (2004) 13 SCC 52; Kaushik Chatterjee v. State of Haryana and Ors. [2020] 9 SCR 311 : … could be said to have arose for the bank to lodge the complaint for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short, the N.I. Act) in Chandigarh. 4. In the memorandum of

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Nov 29 2000

S and S Industries and Enterprises Limited Represented by Its Managing ...

Court : Chennai

Decided on : Nov-29-2000

Subject : Criminal

Acts : Negotiable Instruments Act, 1881 - Sections 138 and 141; Companies Act, 1956; Code of Criminal Procedure (CrPC) , 1973 - Sections 2

Reported in : 2001(1)ALD(Cri)757

and quash the same. The parties are referred to as contained in the complaint. The complainant M/s Birla Finance Limited, a limited liability company incorporated under the Companies Act is having its registered office at Chennai. As … ORDER1. Heard. Accused 2 to 12 and 14 in C.C. No.3767 of 1999 on the file of the XIV Metropolitan Magistrate, Egmore, Chennai are the … and neglected to pay the said amount to the complainant. Therefore, the 1st accused committed an offence under Section 138 of Negotiable Instruments Act. The 2nd accused being the Managing Director, Accused 3 to 14 being the Directors

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Jan 07 2010

In Re: Europlast India Ltd. a Company Incorporated Under Companies Act ...

Court : Mumbai

Decided on : Jan-07-2010

Subject : Company

Acts : Companies Act, 1956 - Sections 192A, 193, 391, 391(4) and 392; Maharashtra Protection of Interest of Depositors (Finance Establishment) Act, 1999; Transfer of Property Act - Sections 53; Negotiable Instrument Act - Sections 138

pending in the Court of the Special Judge under the Maharashtra Protection of Interest of Depositors (Finance Establishment) Act, 1999 was granted by this Court(Bobde,J.) on 9.6.2000. Shri Rego submits that the criminal proceedings which are pending before … those persons have instituted proceedings against the Company inter alia by way of suits or criminal complaints Under Section 138 of Negotiable Instrument Act or petition for winding up of the Company or for recovery of such claims

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Jul 18 2003

Anurag Pictures Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Cochin

Decided on : Jul-18-2003

Subject : Direct Taxation

Reported in : (2004)90ITD669(Coch.)

deduction under Section 80HHC.Further resorting to the newly inserted provisions of Section 80HHF with effect from 1-4-2000 by Finance Act 1999 granting tax holidays to the assessees engaged in the cinematography business, the assessing officer held that such tax

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