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Radhey Shyam Garg Vs. Naresh Kumar Gupta

Court : Supreme Court of India

Subject : CriminalBanking

Acts : Negotiable Instruments Act, 1881 - Sections 137, 138, 145, 145(1) and 145(2); Evidence Act; Code of Criminal Procedure (CrPC) - Sections 61, 296(2), 340 and 482; Indian Penal Code (IPC) - Sections 498A; Code of Civil Procedure (CPC) - Order 18, Rules 4, 4(2), 5 and 13 - Order 19, Rule 1

Reported in : 2009(8)SCALE706; [2009]94SCL85(SC)

Criminal Complaint Case No. 882/1 of 2004 for commission of an alleged offence under Section 138 of the Negotiable Instruments Act, 1881 (for short, `the Act'). Pre-summoning evidence by the complainant was recorded by way of an affidavit. Cognizance of … provisions of the Indian Evidence Act envisages examination in chief, cross-examination and re-examination, as would appear from Sections 137 and 138 thereof. A person whose evidence has been taken by way of an examination in chief by

Mandvi Co-op. Bank Ltd. Vs. Nimesh B. Thakore

Court : Supreme Court of India

Subject : BankingCriminal

Acts : Negotiable Instruments Act, 1881 - Sections 138 to 142 and 143 to 147; Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002; Negotiable Instruments Laws (Amendment) Act, 1988; Information Technology Act, 2000; Evidence Act, 1891 - Sections 113A, 137 and 165; Code of Criminal Procedure (CrPC) , 1973 - Sections 251, 254, 262 to 265, 273, 294, 296, 296(2), 315, 316 and 482; Indian Penal Code (IPC), 1860 - Sections 137 and 498A; Constitution of India - Article 20(3)

Reported in : 2010(1)BomCR614; JT2010(1)SC259; 2010(I)OLR(SC)306; 2010(1)SCALE188; (2010)3SCC83; [2010]98SCL139(SC); 2010(1)LC454(SC)

In these appeals we are required to consider the special provisions laid down by Section 145 of the Negotiable Instruments Act, 1881 (`the Act', hereinafter) for a dishonoured cheque trial and to consider how far certain assertions made by the … and be required to verbally state what is already said in the affidavit. Mr. Ranjit Kumar referred to Section 137 of the Indian Evidence Act, that defines 'examination-in- chief', 'cross-examination' and 're-examination' and on that basis sought to

Union of India (Uoi) Vs. Mohan Behari Jasod Kumari and ors.

Court : Delhi

Subject : Civil

Acts : Indian Railways Act, 1961 - Sections 77 and 78(B); Code of Civil Procedure (CPC) - Sections 80; Indian Bills of Lading Act, 1856 - Sections 1; Negotiable Instruments Act, 1881; Sale of Goods Act - Sections 2(4); Transfer of Property Act - Sections 137; Contract Act, 1872 - Sections 46C, 151, 152 and 161

Reported in : 2004(77)DRJ469; (2005)139PLR32

under the Indian Bills of Lading Act, 1856, or a negotiable instrument is under the provisions of the 'Negotiable Instruments Act, 1881, according to the rules of the Law Merchant. The railway receipt cannot, thereforee, confer on the endorsee such … been made with himself.'The definition in Section 2(4) of the Sale of Goods Act and the provisions of Section 137 of the Transfer of Property Act do not lead to the vesting of a right of suit on

Legisetti Srinivasulu Vs. Gondi Peda Kondappa

Court : Andhra Pradesh

Subject : Contract

Acts : Contract Act, 1872 - Sections 60; Debts Law; Madras Agriculturists Relief Act, 1938 - Sections 8; Negotiable Instruments Act, 1881 - Sections 51 and 56; Transfer of Property Act, 1882 - Sections 130 and 137

Reported in : AIR1960AP174

creditor plaintiff has right to appropriate amount toward outstanding interest. (ii) Endorsement - Sections 51 and 56 of Negotiable Instruments Act, 1881 - one of payee endorsed promissory note in credit of another out of two - such endorsement not … possibility of the endorsement being treated! as an assignment of a chose-in-action because promissory notes are covered by Section 137 of the Trans-fer of Property Act. Section 130 of the Transfer of Property Act deals with transfers of

Trilux Technologies Singapore Pvt. Ltd. and ors. Vs. Boon Technologies ...

Court : Chennai

Subject : CriminalBanking

Acts : Negotiable Instruments Act, 1881 - Sections 135, 136, 137 and 138

Reported in : IV(2004)BC280; [2005]123CompCas551(Mad); 2004(4)CTC12

Petition is dismissed.Consequently, connected Crl.M.Ps are closed. Criminal - jurisdiction - Sections 135, 136, 137 and 138 of Negotiable Instruments Act, 1881 - petition filed for dismissal of complaint lodged against petitioner under Section 138 - petitioner contended that cheques

Dossabhai Hirchand Vs. Virchand Dalchhakam

Court : Mumbai

Subject : Civil

Reported in : (1919)21BOMLR1

if recognized, would be an extension of the definition of 'negotiable instrument' contained in Section 13 of the Negotiable Instruments Act, 1881. That definition would appear to have been framed upon the old law in .England as laid down by … permitted as in the case of railway receipts by this Court upon the strength of the provisions of Section 137 of the Transfer of Property Act. But the provisions of that section do not seem to me to

Dashrath Rupsingh Rathod Vs. State of Maharashtra and anr.

Court : Supreme Court of India

Subject : Land Acquisition

of substantial public importance pertaining to Court’s territorial jurisdiction concerning criminal complaints filed under Chapter XVII of the Negotiable Instruments Act, 1881 (for short, ‘the NI Act’). This is amply adumbrated by the Orders dated 3.11.2009 in I.A.No.1 in CC159742009 … the Central Sales Tax Act 1956, Section 279 of the Income Tax Act, Sections 132 and 308, CrPC, Section 137 of the Customs Act etc. It would be idle to contend that the offence comes into existence only

Zenith Steel Tubes and Industries Ltd. and anr. Vs. Sicom Limited

Court : Supreme Court of India

Subject : SICA

Acts : State Financial Corporations Act, 1951 - Sections 15 and 31(1); Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 22 and 22(1); Presidency Towns Insolvency Act, 1909 - Sections 9(2); Limitation Act - Schedule - Article 137; Bombay Tenancy and Agricultural Lands Act, 1948 - Sections 80 and 85; Negotiable Instruments Act, 1881 - Sections 138

Reported in : AIR2008SC451; 2008(2)ALLMR(SC)350; 2008(1)BomCR30; [2008]141CompCas428(SC); (2008)1SCC533; [2007]80SCL435(SC); 2007AIRSCW7240; AIR2008SC451; 2008(1)SCC533; 2008(1)LH(SC)731

on a company in a criminal case against the company and its Directors under Section 138 of the Negotiable Instruments Act, 1881. It was held in that case that the ban envisaged in Section 22(1) of SICA would not be … Anant Bhide etc. : (1969)IILLJ713SC , wherein while considering as to whether a claim was barred under Article 137 of the Limitation Act, an objection was taken that such ground had not been raised either before the

Mr. Rajesh Bhalchandra Chalke Vs. M/S Emco Dynatorq Pvt. Ltd.

Court : Mumbai

Subject : Criminal

Acts : Negotiable Instruments Act (NI) - Section 138; Code of Criminal Procedure (CrPC) - Sections 200, 482, 252 ; Companies Act - Section 293; Constitution of India - Article 227; Amending Act - Sections 143 to 147

has been placed before the Full Bench for considering the question about interpretation of Section 145 of the Negotiable Instruments Act, 1881 read with Sections 118, 138, 139, 142, 143 and 146 of the Negotiable Instruments Act, 1881 (for short … Section 296 of Cr PC. Part I of each section deals with examination in chief as contemplated in Section 137 of the Evidence Act and, therefore, permits evidence in the form of examination in chief led by the

Devendra N Kamat Vs. Modelama Exports Ltd

Court : Delhi

Subject : Land Acquisition

judgment, these three petitions are being disposed of. In the above-captioned three petitions, interpretation of Section 145(2) of Negotiable Instruments Act, 1881 is the question which falls for consideration. Learned senior counsel for petitioner-Balchandra [in Crl.M.C.No.4110/2014]. drew the attention of … by way of an affidavit and it has been so done. Attention of this Court was drawn to Section 137 of Indian Evidence Act, 1872 to submit that commencement of evidence began by filing of chief-examination and thus,