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Rakesh Nemkumar Porwal Vs. Narayan Dhondu Joglekar
Mumbai
Jul-29-1992
CompanyCriminal
Negotiable Instruments Act, 1881 - Sections 138, 139 and 142; Code of Criminal Procedure (CrPC) , 1973 - Sections 178
1994(3)BomCR355; [1993]78CompCas822(Bom); 1993CriLJ680; 1993(1)MhLj630
the dishonour has taken place as being wholly irrelevant. Black's Law Dictionary defines 'dishonour' in relation to a negotiable instrument as being a situation whereby 'payment is refused or cannot be obtained'. 21. A clear reading of section … which are of some consequence having regard to the fact that they concern the ambit and scope of section 138 of the Negotiable Instruments Act, 1881. This recently introduced proviso of law was specially placed on the statute
Tag this Judgment! AI Brief & AskHeerachand Vs. Jeevraj and anr.
Rajasthan
Mar-28-1958
Commercial
Negotiable Instruments Act, 1881 - Sections 118; Evidence Act, 1872 - Sections 3; Code of Civil Procedure (CPC) , 1908 - Sections 100-101
AIR1959Raj1
type of cases where the court comes to the finding that the evidence of the maker of the negotiable instrument as to failure of consideration is untrustworthy and also the evidence of the plaintiff fails to carry conviction … consideration which may be applied as principle of equity, justice and good conscience in the absence of the Act. Section 118(a) has been the subject of innumerable rulings and it is not necessary to refer to them here.
Tag this Judgment! AI Brief & AskPrashant Vs. S.K. Sarkar
Mumbai
Jan-24-2002
Criminal
Negotiable Instruments Act - Sections 138 and 142; ;Code of Criminal Procedure (CrPC) , 1973 - Sections 482; Indian Penal Code (IPC), 1860 - Sections 420
2002(2)ALD(Cri)953; 2002BomCR(Cri)672; 2002CriLJ3001; 2002(2)MhLj125
Shinde, learned Counsel for the applicant, contended that the applicant/complainant filed a complaint under Section 138 of the Negotiable Instruments Act (for the sake of brevity, it will be referred as an Act) against the non-applicant in … that the applicant/complainant filed a complaint under Section 138 of the Negotiable Instruments Act (for the sake of brevity, it will be referred as an … be appropriate to consider the scheme of provisions of Section 138 as well as Section 142 of the Act. Section 138 is incorporated in Chapter XVII of the Act which deals with penalties in case of dishonour of certain
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Jaikumar Shivlal Shah and ors. Vs. Motilal Hirachand Gandhi and anr.
Mumbai
Apr-28-1971
Civil
Negotiable Instruments Act, 1881 - Sections 4 and 13; Stamp Act, 1899 - Sections 2(5), 2(22) and 36; Bombay Stamp Act, 1958 Sections 35 and 58
AIR1973Bom27; (1972)74BOMLR174; ILR1972Bom816; 1972MhLJ405
to the Amendment Act 8 of 1919, S. 13 of the Negotiable Instruments Act stood thus : -'A `negotiable instrument' means a promissory note, bill of exchange or cheque expressed to be payable to a specified person or … the Indian Stamp Act and would amount to a 'bond' for the purposes of that Act.;Reference under Stamp Act, Section 46 (1884) I.L.R. 8 Mad. 87, F.B. Venku v. Sitaram (1904) I.L.R. 29Bom. 82, s.c. 6 Bom. L.R.
Tag this Judgment! AI Brief & AskOrkay Industries Limited and Others Vs. the State of Maharashtra and O ...
Mumbai
Jun-25-1998
Commercial
Negotiable Instruments Act, 1881 - Sections 138 and 141; Code of Criminal Procedure (CrPC) , 1973 - Sections 482; Companies Act, 1956 - Sections 227(2), 441(2), 442, 446 and 536(2); Constitution of India - Articles 226 and 227; Displaced Persons (Debt Adjustment) Act, 1951 - Sections 20; Social Security Act, 1975; Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963
1998(3)BomCR415; 2000BomCR(Cri)14
petitions the petitioners pray that the proceedings before the Metropolitan Magistrate Courts, under section 138 of the Negotiable Instruments Act, be quashed. In some of these petitions a prayer is also made that undertakings given by the … Variava, J.1. By all these petitions the petitioners pray that the proceedings before the Metropolitan Magistrate Courts, under section 138 of the Negotiable Instruments Act, be quashed. In some of these petitions a prayer is also made that
Tag this Judgment! AI Brief & AskOrkay Industries Limited and Others Vs. the State of Maharashtra and O ...
Mumbai
Jun-26-1998
CriminalCommercial
Negotiable Instruments Act, 1881 - Sections 138 and 141; Code of Criminal Procedure (CrPC) , 1973 - Sections 482; Companies Act, 1956 - Sections 441(2) and 536(2); Companies Act, 1913 - Sections 227(2); Displaced Persons (Debt Adjustment) Act, 1951 - Sections 20; Social Security Act, 1975 - Sections 146
2000(5)BomCR14
petitions the petitioners pray that the proceedings before the Metropolitan Magistrate Courts, under section 138 of the Negotiable Instruments Act, be quashed. In some of these petitions a prayer is also made that undertakings given by the … Variava, J.1. By all these petitions the petitioners pray that the proceedings before the Metropolitan Magistrate Courts, under section 138 of the Negotiable Instruments Act, be quashed. In some of these petitions a prayer is also made that
Tag this Judgment! AI Brief & AskBratindranath Banerjee, Director, Standard Chartered Bank Vs. Hiten P. ...
Mumbai
Apr-28-1993
Criminal
Special Courts Act, 1979 - Sections 3, 4, 5 and 6; Code of Criminal Procedure (CrPC) , 1973 - Sections 6, 211, 235(2) and 244; Negotiable Instruments Act, 1881 - Sections 118, 138, 139, 142 and 142(2); Evidence Act, 1872 - Sections 3, 59, 60, 61, 65, 102, 114 and 115; Contract Act, 1872 - Sections 23 and 25
1994(4)BomCR237
mentioned facts and circumstances establish that the accused has not committed any offence under section 138 of the Negotiable Instrument Act . Relying upon the case of Gian Mahtani v. State of Maharashtras, reported in : 1971CriLJ1417 , he
Tag this Judgment! AI Brief & AskM. Chandrashekar Rao Vs. V. Kutamba Rao and anr.
Andhra Pradesh
Oct-27-2005
Civil
Negotiable Instruments Act, 1881 - Sections 133, 138 and 139; Code of Criminal Procedure (CrPC) - Sections 251 and 255(1)
2006CriLJ1399
under the cheques and thereby the accused rendered himself liable for punishment under Section 138 of the Negotiable Instruments Act. 4. On the said allegations, the learned Magistrate took the case on file and issued process to … payment of the amounts due under the cheques and thereby the accused rendered himself liable for punishment under Section 138 of the Negotiable Instruments Act. 4. On the said allegations, the learned Magistrate took the case on file
Tag this Judgment! AI Brief & AskBandi Pandu Vs. Kola Balaji Varma and anr.
Andhra Pradesh
Aug-01-2002
CriminalBanking
Code of Criminal Procedure (CrPC) , 1973 - Sections 156(3), 200 and 482; Negotiable Instruments Act, 1881 - Sections 138; Indian Penal Code (IPC), 1860 - Sections 420
2002(2)ALT(Cri)417; II(2003)BC93
200 and 482 of Criminal Procedure Code, 1973 - petition seeking quashing of complaints under Section 138 of Negotiable Instrument Act and Section 420 of Indian Penal Code - subsequently private complaint under Section 420 filed after filing complaint
Tag this Judgment! AI Brief & AskAbdul Shakur and ors. Vs. Kotwaleshwar Prasad and ors.
Allahabad
Feb-08-1956
Commercial
Negotiable Instruments Act, 1881 - Sections 118
AIR1956All403
2. If it can be invoked, would circumstances tending to make it doubtful that consideration passed under the negotiable instrument, even though coupled with a denial on the part of the maker of the instrument, suffice to deprive … to this Bench for decision are:'1. Whether the presumption mentioned in Clause (a) of Section 118, Negotiable Instruments Act, 1881, can be invoked in insolvency proceedings where an alleged debt against the insolvent is called in question
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