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Orient Syntex Limited and Others Vs. Besant Capital Tech Limited

Court : Mumbai

Subject : CriminalCommercial

Acts : Negotiable Instruments Act, 1881 - Sections 138, 139, 141, 142 and 143; Code of Criminal Procedure (CrPC) , 1973 - Sections 202, 203, 204 and 319; Drugs and Cosmetics Act, 1940 - Sections 34(1); Prevention of Food Adulteration Act, 1956 - Sections 17; Indian Companies Act, 1956 - Sections 292(1) and 633; Employees Provident Fund Act, 1952; Employee's State Insurance Act, 1948; Sales Tax Act, 1956; Essential Commodities Act, 1955; Air (Prevention and Control of Pollution) Act, 1981 - Sections 10; Prevention of Food Adulteration Act, 1950 - Sections 17; Water (Prevention and Control of Pollution) Act, 1974 - Sections 25, 25, 44 and 47; Prevention of the Food Adulteration Act, 1954 - Sections 17(1)

Reported in : 2000(5)BomCR345; [2001]104CompCas669(Bom); 2000CriLJ210

petitioner Company and its Directors would be prosecuted for having committed offence punishable under section 138 of the Negotiable Instruments Act, 1881. As the petitioner Company and its Directors refused to comply with the notice, a complaint under section 138 … Police Officer without an order from a Magistrate and without a warrant. A distinct and different power under Section 44 of the Code empowers the Magistrate to arrest or order any person to arrest the offender. Under Section

Tirupagari Tayaramma and ors. Vs. Sri Ramanjaneya Merchantile Co., Elu ...

Court : Andhra Pradesh

Subject : Commercial

Acts : Negotiable Instruments Act, 1881 - Sections 44 and 45; ;Indian Contract Act, 1872 - Sections 74 and 117; ;Limitation Act, 1963 - Sections 20(2)

Reported in : AIR1977AP205

well as to the respondents. 14. Appeal dismissed. Commercial - promissory note - Sections 44 and 45 of Negotiable Instruments Act, 1881, Sections 74 and 117 of Indian Contract Act, 1872 and Section 20 (2) of Limitation Act, 1963 -

Avala Raja Reddy Vs. Gunti Radha Krishnaiah Chetty

Court : Andhra Pradesh

Subject : BankingCivil

Acts : Evidence Act - Sections 45, 47 and 73; Limitation Act, 1908 - Sections 18; General Clauses Act; Railways Act - Sections 78B; Negotiable Instruments Act, 1881 - Sections 9; Code of Civil Procedure (CPC) , 1908 - Sections 67, 79 to 90 and 99 - Order 1, Rules 1, 3, 9 and 13 - Order 2, Rules 1, 2, 3, 4 and 7; Code of Civil Procedure (CPC) , 1882 - Sections 44 and 45

Reported in : 2008(2)ALT70

involved, the multiplicity of litigation had been avoided. It is needless to say that Section 9 of the Negotiable Instruments Act, 1881 deals with holder in due course.25. Hence, viewed from any angle since for the first time this question … Ramdhan Puri v. Lachmi Narain their Lordhsips of the Privy Council speaking through Sir George Rankin at page 44 observed:The dispute with reference be property No. 2, the smaller share in this village of Rupau, can be

Aneeta Hada Vs. Godfather Travels and Tours Pvt. Ltd.

Court : Supreme Court of India

Subject : Criminal

Acts : Negotiable Instruments Act, 1881 - Sections 7, 20, 118, 138, 139, 140, 141, 141(1) and 141(2); Foreign Exchange Regulation Act, 1973 - Sections 18, 18(1), 18A, 19, 19(2), 44, 44(2) and 56(1); Income Tax Act; Prevention of Food Adulteration Act, 1954 - Sections 7, 16, 17, 17(1) and 17(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 239, 245, 482; Essential Commodities Act - Sections 3, 7 and 10; Iron and Steel Control Order, 1956; Wealth Tax Act - Sections 35H; Employees Provident Fund and Miscellaneous Provisions Act - Sections 14A; Drugs and Cosmetics Act, 1940 - Sections 34; Indian Merchandise Act - Sections 6; Narcotic Drugs and Psychotropic Substances Act - Sections 38; Indian Penal Code

Reported in : 2008(3)ALLMR(SC)881; 2008(3)CTC840; 2008(8)SCALE25; [2008]85SCL56(SC)

of respondent which was dishonoured. Respondent filed a complaint petition against the appellant under Section 138 of the Negotiable Instruments Act, 1881 ('the Act' for short). The Company which is a juristic person was not arrayed as an accused. The … Section 18; Section 18-A; clause ( a ) of sub- section (1) of Section 19; sub-section (2) of Section 44, for which the minimum sentence of six months' imprisonment is prescribed, are serious offences and if committed would

M/s. India Cements Investments Services Limited, Represented by its As ...

Court : Chennai

Subject : Education

the trial Court against the Respondent/Accused in respect of an offence under Sections 138 to 142 of the Negotiable Instruments Act, 1881. 41. At this stage, this Court pertinently points out that the prosecution under Section 138 of the Negotiable … not adjudicate upon a disputed question of fact. 18. In Rangappa Versus Sri Mohan 9 (2010) 11 SCC 441 , this Court held that once issuance of a cheque and signature thereon are admitted, presumption of a

Arun Kumar Mohata Vs. Manjushree Singhi

Court : Kolkata

Subject : BankingCriminal

Acts : Code of Criminal Procedure (CrPC) , 1873 - Sections 200, 205, 296 and 482; ;Negotiable Instruments Act, 1881 - Sections 123, 138, 139 and 145; ;Specific Relief Act - Section 44

Reported in : 2006(2)CHN192

:The constituted Attorney of the opposite party, Smt. Manjushree Singhi, filed an application under Section 138 of the Negotiable Instruments Act, 1881 being case No. C- 186 of 2004 against the present petitioner on 22nd January, 2004. The petitioner was … was challenged by preferring an appeal and it was stayed. He also invited attention of the Court to Section 44 of the Specific Relief Act. Relying upon the decision in the case of Iqbal Singh Marwah and Anr.

Navis Ammal Fernando and anr. Vs. S. Subbiah Iyer

Court : Chennai

Subject : Property

Reported in : (1974)1MLJ334

Act, 1925 applies; (3) an advance made on the basis of a negotiable instrument as defined in the Negotiable Instruments Act, 1881, exceeding Rs. 3,000. The expression, 'money-lender' is defined as a person whose main or subsidiary occupation is the … the rate of interest stipulated in the mortgage deed, Exhibit A-1, were not liable to be reopened under Section 3(1) of the Usurious Loans Act (Central Act X of 1918), as amended by Madras Act VIII of … at any time during the continuance of the contract, supply to the 44borrower, or, if the borrower so requires, to any person specified in that

Sureshkumar Bhuwalka and ors. Vs. State and anr.

Court : Chennai

Subject : Company

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 161 and 482; Tamil Nadu Electricity Act, 1910 - Sections 39, 44(1) and 49A; Negotiable Instruments Act, 1881 - Sections 141; Minimum Wages Act, 1948

Reported in : [2007]137CompCas406(Mad)

be guilty of the offence.13. While dealing with the aforesaid question, with regard to Section 141 of the Negotiable Instruments Act, 1881, which is in pari material, the hon'bleSupreme Court in S.M.S. Pharmaceuticals Ltd. v. Neeta Bhalla [2005] 127 Comp … as these petitioners are concerned.2. The petitioners have been charge sheeted for the offences under Sections 39 and 44(1)(c) of the Tamil Nadu Electricity Act, 1910.3. The core allegation in the complaint is that the first accused

Prithviraj Ambalal Patel Vs. State of Maharashtra and ors.

Court : Mumbai

Subject : Criminal

Acts : Negotiable Insutrument Act, 1881 - Sections 138 and 143(2); Negotiable Insutrument Amendment Act, 2002

Reported in : 2003(2)ALD(Cri)9; III(2003)BC613; 2003BomCR(Cri)1713

the culture of use of cheques and enhancing the credibility of the instrument. The existing provisions in the Negotiable Instruments Act, 1881 namely Sections 138 to 142 in Chapter XVII have been found deficient in dealing with dishonour of cheques. … Police Officer without an order from a Magistrate and without a warrant. A distinct and different power under Section 44 of the Code empowers the Magistrate to arrest or order any person to arrest the offender. Under Section

Municipal Corporation of Delhi Vs. Deepak JaIn and anr.

Court : Delhi

Subject : Municipal Tax

Acts : Delhi Municipal Council Act, 1957 - Sections 34(2), 44, 124(2), 124(3), 126, 126(1), 126(2), 126(4), 169 and 170; General Clauses Act - Sections 27, 444 and 444(1); Income Tax Act; Negotiable Instruments Act, 1881 - Sections 138; Code of Civil Procedure (CPC) , 1908 - Order 6, Rule 17

Reported in : 149(2008)DLT172; 2008(102)DRJ641

and Anr. reported in : 2007CriLJ3214 . The Supreme Court examined the proviso to Section 138 of the Negotiable Instruments Act, 1881 and has held that giving notice in the context of the relevant provision is not the same as … served or issued by or on behalf of the Corporation, or any of the Municipal authorities specified in Section 44 or any Municipal officer, or any person shall, save as otherwise provided in this Act or such rule,