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State Bank of India Vs. Punjab National Bank

Court : Delhi

Subject : Contract

Acts : Negotiable Instruments Act, 1881 - Sections 131; Indian Contract Act, 1872 - Sections 72

Reported in : I(1996)BC251; 57(1995)DLT55

was credited to the account of the new customer and he withdrewit.(26) Sections 131 and 131(A) of the Negotiable Instruments Act, 1881, may be noted at this stage as they deal with the protection available to collecting Banks. These are … denied as arising in law or fact. It was urged that liability of defendant No. 1 arose under Section 72 of the Indian Contract Act as being a statutory liability. It was not accepted that defendant No. 1

Arunbhai Nilkanthrai Nanavati Vs. Jayaben Prahladbhai and anr. (Throug ...

Court : Gujarat

Subject : Company

Acts : Negotiable Instruments Act, 1881 - Sections 72, 84 and 138; Code of Criminal Procedure (CrPC) , 1973 - Sections 245(2); Code of Criminal Procedure (CrPC) , 1974

Reported in : [2000]100CompCas828(Guj); (1999)3GLR2096

of the Judicial Magistrate (F. C.) at Bhavnagar, relating to the offence punishable under section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act'), prays for setting aside the common order dated June 15, 1998, passed … For just and meaningful interpretation, other relevant provisions of the Act can be looked at. One cannot overlook section 72 of the Act. It provides that subject to the provisions of section 84, a cheque must in order

Sumitra Baluja Vs. Bharat Chemical Industries and Others

Court : Delhi

Subject : Company

Acts : Code of Civil Procedure (CPC), 1908 - Order xxxvII; Limitation Act, 1963 - Sections 18, 19 and 20; Negotiable Instruments Act, 1881 - Sections 18, 61, 62, 64, 72, 73, 75A, 76, 80 and 84; Evidence Act, 1872

Reported in : [1983]53CompCas561(Delhi)

Dhanji Rathod v. Dayaram Premji Padhiar, : AIR1971Pat278 , taken a similar view. 17. Section 72 of the Negotiable Instruments Act, 1881, provides that subject to the provisions of s. 84, a cheque must, in order to charge the drawer,

V. Suresh Kumar Vs. V.C. Raveendran and anr.

Court : Kerala

Subject : Criminal

Acts : Negotiable Instruments Act, 1881 - Sections 138; Code of Criminal Procedure (CrPC) - Sections 72 to 79, 82, 83, 204 and 256(1); Criminal Rules - Rule 207

Reported in : 2006(1)ALD(Cri)26; II(2007)BC298; 2005CriLJ4756

a complaint filed by the appellant alleging that the accused committed offence punishable under Section 138 of the Negotiable Instruments Act, 1881. The learned Magistrate took cognizance of the complaint and acquitted the accused on 13-11-2003 under Section 256(1), Cr. … accused. That apart, the order under challenge does not reveal that the Court had taken steps under Sections 72 to 79, Cr. P.C. The Court cannot proceed under Sections 82 to 83, Cr. P.C. unless the procedures

Chairman, Jawahar Co-op. Urban Bank Ltd. and ors. Vs. Sri Ramanjaneya ...

Court : Andhra Pradesh

Subject : Criminal

Acts : Negotiable Instruments Act, 1881 - Sections 72 and 138

Reported in : 2005(1)ALD(Cri)634; 2005(2)ALT118

drawer or it could be presented before the drawer as well as the payee's bank. Having regard to Section 72 of the Negotiable Instruments Act, the Apex Court drawing a distinction between 'a bank' and 'the bank' held … Vice-Chairman and some of the Directors of the Jawahar Co-operative Urban Bank Limited under Section 138 of the Negotiable Instruments Act by M/s. Ramanjaneya Enterprises in C.C. No. 74 of 2002, M/s. Sri Venkateswara Finance in C.C.No. 75 of … (a) of the proviso to Section 138 of the Negotiable Instruments Act, 1881?(b) Does such bank mean the bank of the drawer of the cheque

Crompton Greaves Ltd., a Company Registered Under the Companies Act, 1 ...

Court : Mumbai

Subject : BankingCriminal

Acts : Negotiable Instrument Act, 1881 - Sections 72, 84, 126 and 138; Code of Criminal Procedure (CrPC) , 1973 - Sections 177, 178 and 179

Reported in : 2009(111)BomLR4669

disposed off accordingly. Criminal - Dishonour of cheque - Territorial Jurisdiction - Challenge thereto - Section 138 of Negotiable Instruments Act, 1881 - Cheques issued by Respondent-Accused in favour of Appellant-Complainant dishonoured - Appellant issued legal notice - However, Accused … and the cheque issued continued to be defined as a bill of exchange drawn on a specified banker. Section 72 of the N.I. Act lays down as under;Subject to the provisions of Section 84 a cheque must in

Chetanbhai Vasantbhai Mistary Vs. State of Gujarat

Court : Gujarat

Subject : CriminalBanking

Acts : Negotiable Instruments Act, 1881 - Sections 43, 46, 58, 72, 78, 82, 84, 118, 138 and 139; Indian Penal Code (IPC) - Sections 384, 385, 386 and 506(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 451, 457 and 457(1)

Reported in : II(2005)BC59

and the prospect of facing one after the other complaint of the offence under section 138 of the Negotiable Instruments Act, 1881 (for short 'the NI Act'). He further submitted that in a way the cheques were perishable articles insofar … indorsement of a promissory note, bill of exchange or cheque is completed by delivery, actual or constructive. Under section 72 of the NI Act, subject to the provisions of section 84, a cheque must, in order to charge

Penumatcha Achyutharamaraju and ors. Vs. Padmanabhuni Venkata Subbaiah ...

Court : Andhra Pradesh

Subject : Civil

Acts : Indian Partnership Act, 1932 - Sections 4, 22 and 72; Limitation Act - Sections 21, 21(1) and 22; ;Negotiable Instruments Act, 1881 - Sections 79 and 118; ;Code of Civil Procedure (CPC) , 1908 - Order 21, Rule 50 - Order 30, Rules 1, 2, 3, 5, 6 and 7 - Order 41, Rule 31

Reported in : 2005(3)ALD792

is accordingly answered.Point No. 2:31. Before answering Point No. 2 it is necessary to notice Section 118 of Negotiable Instruments Act 1881, which reads as under:118. Presumptions as to negotiable instruments:--Until the contrary is proved, the following presumptions shall be … of the Indian Partnership Act and intimation of dissolution was not given to general public as contemplated under Section 72 of the Indian Partnership Act. Unless the partnership is dissolved as per the provisions of the Act its

Pishu Mulchand Mahtani and Others Vs. State of Maharashtra and Another

Court : Mumbai

Subject : Land Acquisition

support from the provisions of the said Act and equally the provisions contained in Section 141 of the Negotiable Instruments Act, 1881 to urge that in case of a company merely alleging that other accused are directors and responsible for … Act. The term “officer” is defined in Section 2(20) of the MCS Act. Then it is submitted that Section 72 of the MCS Act appearing in Chapter-VII, says in unequivocal terms that the final authority of every society

Shroff Publisher and Distributors Pvt. Ltd. and ors. Vs. Springer Indi ...

Court : Delhi

Subject : BankingCriminal

Acts : Negotiable Instruments Act, 1881 - Sections 3, 72 and 138; Code of Criminal Procedure (CrPC) , 1973 - Sections 482

Reported in : 2008CriLJ1217; 2007(98)DRJ398

trial in the complaint filed by the respondent M/s. Springer India Pvt. Ltd. under Section 138 of the Negotiable Instruments Act, 1881.3. Case pleaded by the complainant in the complaint is as follows:(a) Petitioner company, Shroff Publishers and Distributors … Act defines the 'banker' to include any person acting as a banker and any post office saving bank.17. Section 72 of the NI Act provides that a cheque must, in order to charge the drawer, be presented at