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thenappa Chettiar Vs. Andiyappa Chettiar
Chennai
Nov-09-1970
Commercial
Stamp Act - Sections 2(22) and 35 - Schedule - Article 49; Negotiable Instruments Act, 1881 - Sections 4, 5 and 19; Evidence Act - Sections 91
AIR1971Mad290
note in Section 2(22) of the Stamp Act is:"Promissory note' means a promissory note as defined by the Negotiable Instruments Act, 1881.It also includes a note promising the payment of any sum of money out of any particular fund which
Tag this Judgment! AI Brief & AskJaikumar 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
it is payable to a certain person, and thus satisfies all the requirements of Section 4 of the Negotiable Instruments Act, 1881.5. Before I proceed to discuss these rival contentions, it is necessary to refer to one fact and it … being payable to order or bearer, is a bond within the meaning of that word defined in Section 2(5)(b) of the Indian Stamp Act, inasmuch as under this document the original defendant obliged himself to pay money
Tag this Judgment! AI Brief & AskManishbhai Bharatbhai Shah Vs. the State of Gujarat and 4 ors.
Gujarat
Feb-28-2007
BankingCriminal
Limitation Act - Sections 5; Negotiable Instrument Act, 1881 - Sections 13, 118, 138 and 139; Bombay Money Lenders Act, 1946 - Sections 2(9), 10, 10(4), 11(2), 23 and 25; Money lenders Act, 1949; Prevention of Corruption Act, 1947 - Sections 4 and 4(1); Code of Criminal Procedure (CrPC) - Sections 313, 342, 378 and 378(4); Evidence Act - Sections 101
(2008)1GLR392
lenders Act 1946 that an advance made on the basis of the negotiable instrument, as defined in the Negotiable Instruments Act 1881 other than promisory note is not a loan' within the meaning of term Sloan defined in the Bombay … produce the license before the competent court.7. Shri. Nanavaty has invited this Court's attention to the proviso of Section 2(9) and Clause (f) of Bombay Money Lenders Act 1946 and submitted that the advance made on the basis
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Madan Aggarwal Vs. State and anr.
Delhi
Jan-24-2006
Criminal
Negotiable Instruments Act, 1881 - Sections 138 to 141(1)(2), 142, 143(3), 254 and 260 to 264; Amendment Act 2002; Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988; Code of Criminal Procedure (CrPC) - Sections 482; Indian Penal Code (IPC) - Sections 211, 340, 406 and 420; Company Law; Instruments Laws
2006(1)ALD(Cri)55; (2006)143PLR7
I may reproduce hereunder some portions of the preamble:Amendment Act 55 of 2002. Statement of Objects and Reasons-The Negotiable Instruments Act, 1881 was amended by the Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988 wherein a new … of the Code of Criminal Procedure for quashing the summoning order dated 27.7.1999 under Section 138 of the Negotiable Instruments Act passed by Metropolitan Magistrate … J.P. Singh, J.1. This petition has been filed under Section 482 of the Code of Criminal Procedure for quashing the summoning order dated 27.7.1999 under Section 138 of
Tag this Judgment! AI Brief & AskY. Veeraiah Vs. Margadarsi Chit Fund Pvt. Ltd.
Andhra Pradesh
Oct-06-1988
Arbitration
Negotiable Instruments Act, 1881 - Sections 4, 5 and 6; Indian Stamp Act, 1899 - Sections 2(22)
[1990]68CompCas484(AP)
may not be performed or happen.' 4. Now, it becomes necessary to refer to the provisions of the Negotiable Instruments Act, 1881. Section 4 of the Negotiable Instruments Act defines a promissory note thus : '4. A `promissory note' is an … the document and the terms therein, it may be necessary to refer to the relevant provisions of law. Section 2(22) of the Indian Stamp Act, defines a promissory note in the following terms : 'Section 2(22) Promissory note.-
Tag this Judgment! AI Brief & AskKrishnam Raju Finances, a Proprietory Concern, Rep. by Its Prop. Krish ...
Andhra Pradesh
Mar-16-2004
Criminal
Code of Criminal Procedure (CrPC) - Sections 255(1) and 378(4); Negotiable Instruments Act, 1881 - Sections 138; Andhra Pradesh (Telangana Area) Money Lenders Act, 1349 - Sections 2(4), 2(7), 3 and 9(2)
2004(1)ALD(Cri)546; IV(2004)BC146; [2006]129CompCas33(AP); 2004CriLJ4019
Hyderabad, wherein the complaint filed by the appellant herein to punish the accused under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act') was rejected and the accused was acquitted under Section 255(1) of the Code of … loan: (1)........................(2) if it is proved that the plaintiff is a money-lender as defined in sub-section (7) of Section 2, but does not hold a licence grated under Section 3, the Court shall dismiss his suit' 12. He
Tag this Judgment! AI Brief & AskP. Preetha Vs. Panyam Cements and Mineral Industrial Limited
Andhra Pradesh
Dec-18-2001
Criminal
Negotiable Instruments Act, 1881 - Sections 138 and 142; Code of Criminal Procedure (CrPC) , 1973 - Sections 2
2002(1)ALD(Cri)525; 2001(6)ALT775; 2002(1)ALT(Cri)142; [2002]112CompCas124(AP)
first respondent filed a complaint against the petitioner herein for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (as amended by the Act 66 of 1988) (for short 'the Act'). In the said complaint, it is … and such a defect can be cured at a large stage.' In the said judgment it is observed :'Section 2(d) of the Code defines 'complaint'. According to this definition, complaint means any allegation made orally or in writing
Tag this Judgment! AI Brief & AskKartey Singh Vs. Iftikhar Ahmad
Allahabad
Aug-18-1981
Commercial
Negotiable Instruments Act, 1881 - Sections 4 and 87; Stamp Act, 1899 - Sections 2(5) and 35; Code of Civil Procedure (CPC) , 1908 - Sections 100 and 101
AIR1981All386
M. H. Gandhi (AIR 1973 Bom 27). 'But if a promissory note falling under Section 4 of the Negotiable Instruments Act, 1881, and, therefore, under Section 2(22) of the Indian Stamp Act. 1899, and would therefore, amount to bond' for
Tag this Judgment! AI Brief & AskK. Subramaniam and ors. Vs. Sri Kamakshi Extractions and anr.
Andhra Pradesh
Apr-22-1999
Commercial
Negotiable Instruments Act, 1881 - Sections 138, 141, 141(1) and 141(2)
1999(1)ALD(Cri)776; 1999(1)ALT(Cri)660; [1999]97CompCas335(AP); 1999CriLJ4231
Bilal Nazki, J. 1. The petitioners are facing trial under Section 138 of the Negotiable Instruments Act, 1881, before the magistrate. Quashing is sought only on the ground that the complaint does not disclose that the … is further stated that no specific averment is made with respect to the present petitioners in the complaint. 2. The petitioners are accused Nos. 3 to 6. It is stated in the complaint that A-3 to A-6
Tag this Judgment! AI Brief & AskBahadurrinisa Begum Vs. Vasudev Naick and ors.
Andhra Pradesh
Dec-16-1965
Commercial
Negotiable Instruments Act, 1881 - Sections 4; Stamp Act, 1899 - Sections 2(5) and 2(22)
AIR1967AP123
Stamp Act is as follows:-'2. (22) Promissory note:- 'Promissory note' means a promissory note as defined by the Negotiable Instruments Act, 1881: it also includes a note promising the payment of any sum of money out of any particular fund … may or may not be performed or happen.' It will thus be plain that under sub-section (22) of section 2 of the Indian Stamp Act, a promissory note has been defined to be an instrument answering its definition
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