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Abdul Shakur and ors. Vs. Kotwaleshwar Prasad and ors.

Court : Allahabad

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 11, 100 to 101 and 103; ;Evidence Act, 1872 - Sections 52, 115, 116, 117 and 167; Provincial Insolvency Act, 1920 - Sections 49, 49(1) and 75; Negotiable Instruments Act, 1881 - Sections 118

Reported in : AIR1958All54

came to the conclusion that those circumstances considerably weakened the presumption of consideration under Section 118 of the Negotiable Instruments Act, 1881, and the burden of proof shifted on to the creditor appellants which they had failed to discharge. He … a second appeal under the second proviso or, in the alternative, a revision under the first proviso, to Section 75 of the Provincial Insolvency Act, 1920. by the three creditors Abdul Shakur, Abdul Rashid and Abdul Wahid, against.

Official Receiver, Kanpur and anr. Vs. Abdul Shakur and ors.

Court : Supreme Court of India

Subject : Commercial

Acts : Provincial Insolvency Act, 1920 - Sections 33, 75(1) and 80; Negotiable Instruments Act, 1881 - Sections 118

Reported in : AIR1965SC920; [1965]1SCR254

to a Full Bench. These questions were :(1) Whether the presumption mentioned in clause (a) of s. 118, Negotiable Instruments Act. 1881 can be invoked in insolvency proceedings where an alleged debt against the insolvent is called in question by … the question is of some importance, we deem it necessary to express our opinion on that question. 11. Section 33 of the Provincial Insolvency Act by the first subsection provides : 'When an order of adjudication has … Judge, a second appeal being-No. 4 of 1952 was preferred under s. 75(1) proviso2 of the Provincial Insolvency Act. 1920 to the High Court of

Jayesh Nagindas Doshi Vs. Ashapura Aluminium Ltd. and Others

Court : Mumbai

Subject : Land Acquisition

an Advocate's notice. 9. The learned Single Judge has primarily relied on the provisions of Section 118 of Negotiable Instruments Act, 1881 in holding that there is a presumption of consideration. According to the learned Single Judge, the presumption that

M/S. Sbq Steels Limited Vs. M/S. Goyal Mg Gases Private Limited and An ...

Court : Chennai

Subject : Arbitration

Reported in : 2013(1)MWN(Civil)838

notice and nominating its Arbitrator. Meanwhile, the applicant was served with a notice under section 138 of the Negotiable Instruments Act, 1881 informing the presentation and dishonour of five cheques. Out of a sum of Rs.87,68,164/-, the actual liability of

Noor Aga Vs. State of Punjab and anr.

Court : Supreme Court of India

Subject : NarcoticsConstitution

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 2, 8, 9, 22, 23, 25, 35, 37, 37(1), 39, 42, 43, 50, 51, 52, 52A, 52A(1), 52A(2), 52A(4), 53, 53(1), 53(2), 53A and 54; Customs Act, 1962 - Sections 108, 108(4), 100(1B), 110, 110(1), 110(1A), 110(1B), 111, 123, 135, 138B, 138B(1), 180 and 184 ; Evidence Act - Sections 25, 113A, 113B and 114; Indian Penal Code (IPC) - Sections 26, 193 and 228; Human Rights Act, 1998 - Sections 3; Misuse of Drugs Act, 1971 - Sections 28, 28(2) and 28(3) ; Misuse of Drugs Act, 1975 - Sections 6(6); Dangerous Drugs Act, 1986; Negotiable Instruments Act, 1881 - Sections 118 and 139; Foreign Exchange Regulation Act, 1973 - Sections 18(2) and 18(3); Prevention of Corruption Act; Terrorist and Disruptive Activities (Prevention) Act, 1987; Road

Reported in : 2008(56)BLJR2254; 2008AIRSCW5964; 2008(4)LH(SC)2896

the Privy Council upheld the said view.77. Dealing with the provisions of Sections 118(b) and 139 of the Negotiable Instruments Act, 1881 in Krishna Janardhan Bhat v. Dattatraya G. Hegde : 2008CriLJ1172 this Court upon referring to Hiten P. Dalal … and whereunder an appeal filed by the applicant against the judgment of conviction and sentence dated 7.6.2000 under Section 22 and 23 of the Act has been dismissed.PROSECUTION CASE3. Appellant is an Afghan national.4. He was arrested … perhaps gratuitous concession' R (ProLife Alliance) v. BBC [2003] UKHL 23, paras 75-762; WLR 1403, 1422.) This principle now appears firmly established, as is evident

M/S Shri Sendhur Agro & Oil Industries versus Kotak Mahindra Bank ...

Court : Supreme Court of India

Subject : Land Acquisition

Reported in : [2025]3S.C.R.714

s.406 CrPC embraces in itself the lack of territorial jurisdiction of the court to try the offence u/s.138 Negotiable Instruments Act, 1881.Headnotes† Code of Criminal Procedure, 1973 - s.406 - Negotiable Instruments Act, 1881 - ss.138, 142, 142A - Transfer … Limited v. Inderpal Singh [2015] 14 SCR 153 : (2016) 2 SCC 75; A.E. Premanand v. Escorts Finance Ltd. (2004) 13 SCC 52; Kaushik Chatterjee … Cause of action.Case Arising From CRIMINAL ORIGINAL JURISDICTION: Transfer Petition (Crl.) No. 608 of 2024 Petition Filed Under Section 406 of the Code of Criminal Procedure, 1973 With T.P. (Crl.) No(s). 670, 761, 662, 977 And 850

Dayawati vs.yogesh Kumar Gosain

Court : Delhi

Subject : Education

III. Statutory provisions 21. Before examining the reference, we may for expediency extract the relevant provisions of the Negotiable Instruments Act, 1881; the Legal Services Authority Act, 1987; the Code of Civil Procedure, 1908 and the Code of Criminal Procedure, … Hittalamani v. Sri Parayya Gurulingayya Poojari & Ors. (para 15)].. Crl.Ref.No.1/2016 Page 75 of 89 102. The practice followed by the civil court before whom … JUSTICE ANU MALHOTRA JUDGMENT GITA MITTAL, ACTING CHIEF JUSTICE1 The legal permissibility of referring a complaint cases under Section 138 of the NI Act for amicable settlement through mediation; procedure to be followed upon settlement and the

Rakesh Bhanot versus M/S. Gurdas Agro Pvt. Ltd

Court : Supreme Court of India

Subject : Land Acquisition

Reported in : [2025]4S.C.R.573

upon the appellants filing applications u/s.94 IBC. Headnotes† Insolvency and Bankruptcy Code, 2016 - ss.94 and 96 - Negotiable Instruments Act, 1881 - ss.138 and 141 - Moratorium - Interim moratorium - Complaint u/s.138 NI Act upon failure of the … Shamsher Singh, 1985 Supp SCC 416 : 1985 SCC (Cri) 421] . 75. Thus, where the proceedings under Section 138 of the NI Act had … these appeals are filed against the orders passed by different High Courts, which dismissed the petitions filed under Section 482 of the Criminal Procedure Code, 1973 1 and thereby affirmed the orders passed by the trial Court

Rangappa Vs. Sri Mohan

Court : Supreme Court of India

Subject : Banking

Acts : Negotiable Instruments Act, 1881 - Sections 138, 139, 118(a)

Reported in : AIR2010SC1898

acquitted the appellant-accused in a case related to the dishonour of a cheque under Section 138 of the Negotiable Instruments Act, 1881 [Hereinafter `Act']. This finding of acquittal had been made by the Addl. JMFC at Ranebennur, Karnataka in Criminal … decision and recorded a finding of conviction while directing that the appellant-accused should pay a fine of Rs. 75,000, failing which he would have to undergo three months simple imprisonment (S.I.). Aggrieved by this final order passed

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

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 … 'the bank' as mentioned in Clause (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 or covers within its ambit any