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Papayya Vs. Dundappa

Court : Karnataka

Subject : Civil

Acts : Partnership Act, 1932 - Sections 48; Negotiable Instruments Act, 1881

Reported in : 2009(6)KarLJ75

document could be classified as a promissory note. Indeed the definition of promissory note as defined in the Negotiable Instruments Act, 1881 is that it would be a instrument which is required to be in writing containing an unconditional undertaking … further submits that the said document does not satisfy the requirement of promissory note. He would refer to Section 48 of the Indian Partnership Act, 1932 to buttress the contention regarding Settlement of account inter se between the

Mahyco Monsanto Biotech (India) Private Ltd & Anr. Vs.competition ...

Court : Delhi

Subject : MRTP

liability of persons in-charge of companies for offences committed by companies exists in several statutes, such as the Negotiable Instruments Act, 1881 (Section 141), Prevention of Food Adulteration Act, 1954 (Section17) and the Drugs and Cosmetics Act, 1940 (Section 34). In … raised by the appellants before the learned Single Judge with respect to the scope, ambit and applicability of Section 48 of the Companies Act, 2002 were never raised before and / or dealt by the Division Bench in

Pramod Gupta and anr. Vs. Anz Grindlays Bank and anr.

Court : Delhi

Subject : Company

Acts : Companies Act, 1956 - Sections 111;Special Courts (Transfer of Security) Act, 1992

Reported in : 1999IIIAD(Delhi)180; 79(1999)DLT16; 1999(49)DRJ803

senior counsel, Mr.L.R.Gupta, referred to Sections 8, 13, 14, 15, 46, 47, 48, 50 and 78 of the Negotiable Instruments Act, 1881. The learned senior counsel, Mr.L.R.Gupta, submitted that knowing fully well the position of the bond and the interest … the instrument as B's agent. The instrument has been negotiated, and B has become the holder of it.'84. Section 48 of the 1881 Act refers to negotiation by endorsement. The same is as under:-'Negotiation by indorsement._Subject to the

Pramod Kumar Saxena Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Constitution

Acts : Negotiable Instruments Act, 1881 - Sections 138; Indian Prisons Act, 1894; Code of Criminal Procedure (CrPC) (Amendment) Act, 2005; Code of Criminal Procedure (CrPC) - Sections 436A and 482; Indian Penal Code (IPC), 1860 - Sections 120B, 406, 409 and 420; Constitution of India - Articles 14, 19, 20, 21, 32 and 142

Reported in : IV(2008)BC505(SC); 2008CriLJ4697; [2009(1)JCR79(SC)]; 2008(12)SCALE623; (2008)9SCC685; 2008AIRSCW6624; 2008(9)SCC685; 2008(6)Supreme573; 2008(5)LH(SC)3528; 2008AIRSCW6624; 2008(6)Supreme573; 2008(5)LH(SC)3528

read with Section 120B of the Indian Penal Code, 1860 (IPC) and also under Section 138 of the Negotiable Instruments Act, 1881.5. According to the petitioner, there is a Company known as 'Imperial Forestry Corporation Ltd.' (hereinafter referred to as … is the case of the petitioner that he has been implicated as an accused in as many as 48 cases in six different States for commission of offences punishable under Sections 406, 409 and 420 read with

Vishnupant S/O Chaburao Khaire Vs. Kailash S/O Balbhir Madan

Court : Mumbai

Subject : BankingCriminal

Acts : Negotiable Instruments Act, 1881 - Sections 7, 8, 9, 48, 50, 53, 82, 118, 138, 139, 142 and 146; Code of Criminal Procedure (CrPC) - Sections 2; Indian Penal Code (IPC) - Sections 420 and 468; Constitution of India - Articles 226 and 227

by present Respondent, whereby process was issued against the Petitioner-accused for offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short, 'N.I. Act').4. The point that is raised in this petition isWhether one of the heirs of … to order, there shall be endorsement in his favour and a delivery of the cheque as provided under Section 48 of the N.I. Act and the delivery alone is not sufficient to make him a holder in due

Shamanur Shivashankarappa Vs. M/s. India Sugars And Refineries Ltd.

Court : Karnataka Dharwad

Subject : Land Acquisition

Company. Nevertheless, the provisions under the EC Act are juxta-pose similar to that of the provisions under the Negotiable Instruments Act, 1881. Therefore, the provisions under the NI Act can be taken as in pari-materia to appreciate the provisions of … That, the action of the accused is deliberate, intentional and thereby, they have committed the offence punishable under Section 3, 7, 8, 10 and 11 of the EC Act. 7. After filing of the complaint, the learned … (Prayer: These Criminal Petitions Are Filed U/S 482 Of Cr.P.C. Seeking To Quash The Proceedings In (1) C.C.No.243/2013 (Pcr No.1/2010),

T.A. Umapathy and anr. Vs. T.A. Masilamani

Court : Chennai

Subject : Commercial

Acts : Negotiable Instruments Act, 1881 - Sections 4 and 48; Evidence Act, 1872 - Sections 21 and 101

Reported in : AIR1987Mad156

instrument is not a promissory note as per the definition of 'promissory note' as contemplated under S. 4, Negotiable Instruments Act, (Central Act 26 of 1881) and that the very existence of the reasons for which the amount had … merit in the appeal and the same is dismissed with costs.16. Appeal dismissed. Commercial - promissory note - Sections 4 and 48 of Negotiable Instrument Act, 1881 and Sections 21 and 101 of Indian Evidence Act, 1872

Dilip Kumar J. JaIn Vs. State of Maharashtra and anr.

Court : Mumbai

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 156(3), 195 and 203; Negotiable Instruments Act, 1881 - Sections 138

Reported in : 2001(5)BomCR223; 2001CriLJ7

filed C.C. No. 18-S-92 against respondent No. 2/original accused for the offence punishable under section 138 of the Negotiable Instruments Act, 1881. In these proceedings, the accused/respondent No. 2/Mohammed Tamboli led an application for discharge. The case of complainant was

Navinchandra N. Majithia Vs. State of Maharashtra and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Constitution of India - Article 226(2); Code of Criminal Procedure (CrPC) - Sections 2, 48, 154, 162, 177, 178, 179 and 482; Code of Civil Procedure (CPC) - Sections 20; Negotiable Instruments Act, 1881 - Sections 138; Companies Act, 1956 - Sections 113(2) and 207

Reported in : AIR2000SC2966; 2000(2)ALD(Cri)675; 2000(5)ALT50(SC); 2000(4)CTC60; JT2000(10)SC61; 2000(II)OLR(SC)469; 2000(6)SCALE262; (2000)7SCC640; [2000]Supp3SCR82; 2000(2)LC1502(SC)

the Court of the Judicial Magistrate First Class, Atfoor (Pisinct Pathanamthitta) against B under Section 138 of the Negotiable Instruments Act, 1881. B denied that the Court had territorial jurisdiction on the basis that the cheque had been dishonoured in … of police of another State in the course of the investigation of a crime. It is permissible under Section 48 of the CrPC that any police officer may, for the purpose of arresting without warrant any person whom

Cadila Healthcare Limited and Anr vs.competition Commission of India a ...

Court : Delhi

Subject : MRTP

an order issuing process, in a complaint case initiated for an offence alleged under Section 138 of the Negotiable Instruments Act, 1881, despite absence of a specific power of review. Despite the consequence of a wrong order adversely dragging a … fell into grave error.13. The third ground argued by Cadila was that the CCI could not have invoked Section 48 against its officers, at the preliminary stage. It was alleged that the initiation and continuance of proceedings under