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Ayodya Printers Ltd. represented by M.R. Krishnakumar General Manager ...

Court : Kerala

Subject : Education

the Judicial Magistrate of First Class-V, Ernakulam against the 2nd respondent alleging offence under Section 138 of the Negotiable Instruments Act, 1881. After complying with the legal formalities, summons was issued to the 2nd respondent under Section 204 (1) (a) … consider as to whether the process fees or other fees are to be paid for issuing proclamation under section 82 of the Code. To answer this, it is necessary to read section 82 of the Code, which is

Biju Thomas Vs. Devaki Amma

Court : Kerala

Subject : Criminal

Acts : Negotiable Instruments Act, 1881 - Sections 138; Code of Criminal Procedure (CrPC) , 1973 - Sections 82, 83, 256(1), 257, 321 and 482

Reported in : 2001(1)ALT(Cri)201; 2001CriLJ790

warrant and steps under Ss. 82 and 83 Cr.P.C. shall stand quashed. Criminal - commission of offence - Negotiable Instruments Act, 1881 and Sections 82, 83 and 482 of Criminal Procedure Code, 1973 - private complaint alleging commission of offence … 82 and 83 Cr.P.C. shall stand quashed. Criminal - commission of offence - Negotiable Instruments Act, 1881 and Sections 82, 83 and 482 of Criminal Procedure Code, 1973 - private complaint alleging commission of offence under Section

Punjab and Sindh Bank Vs. Vinkar Sahakari Bank Ltd. and ors.

Court : Supreme Court of India

Subject : CriminalBanking

Acts : Negotiable Instruments Act, 1881 - Sections 4, 5, 17, 50, 85A, 118, 131, 131A, 138 and 142; Bills of Exchange Act, 1882 - Sections 3, 60 and 82

Reported in : 2001VIIAD(SC)537; AIR2001SC3641; 2001(4)ALLMR(SC)474; 2002(1)ALT(Cri)55; [2001]107CompCas208(SC); (2001)4CompLJ188(SC); 2002CriLJ93; JT2001(8)SC22; 2001MPLJ580(SC); RLW2001

the drawer bank. The holder thereof (Punjab and Sindh Bank) filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act'). The drawer bank and its officials have been arraigned as accused in the complaint. … addressed by one branch of a bank to another branch of the same bank, in the wake of Section 82 of the Bills of Exchange Act 1882. While holding that such a draft is not a cheque within

V.K. Velappu Vs. M.J. Varu

Court : Kerala

Subject : Commercial

Acts : Negotiable Instruments Act, 1881 - Sections 8, 78 and 82

Reported in : [1987]61CompCas368(Ker)

the parties to suffer their respective costs. Commercial - negotiable instrument - Sections 8, 78 and 82 of Negotiable Instruments Act, 1881 - no person can sue on negotiable instrument unless he is named as payee or becomes entitled to … of the instrument. The provisions contained in Section 78 of the Act which provide:'Subject to the provisions of Section 82, Clause (c), payment of the amount due on a promissory note, bill of exchange or cheque must, in

Bommareddi Mothireddi Vs. Bhimavarapu Pothireddi

Court : Andhra Pradesh

Subject : Commercial

Acts : Negotiable Instruments Act, 1881 - Sections 8, 50, 78 and 82

Reported in : AIR1963AP343

petition isdismissed with costs. Commercial - abatement of suit - Sections 8, 50, 78 and 82 (c) of Negotiable Instruments Act, 1881 - petitioner executed promissory note - endorser of note endorsed it to respondent - respondent filed suit and … the suit.8. I shall next extract Section 78, which throws light on this enquiry,'Subject to the provisions of Section 82, clause (c) payment of the amount due on a promissory note, bill of exchange or cheque must, in

Punyamurthy Venkata Satyanarayana Shetti Vs. Gunda Subbaiah Chetty and ...

Court : Andhra Pradesh

Subject : FamilyConstitution

Acts : Negotiable Instruments Act, 1881 - Sections 8, 10, 78, 81 and 82

Reported in : AIR1961AP301

is and we shall proceed to give our reasons.3. Now, it is enacted by Section 78 of the Negotiable Instruments Act that 'Subject to the provisions of Section 82, Clause (c) to which we shall presently refer) payment of

Tolani Shipping Co. Ltd. Vs. Saw Pipes Ltd.

Court : Delhi

Subject : Company

Acts : Companies Act, 1956 - Sections 433, 434 and 439; Negotiable Instruments Act, 1881 - Sections 78 and 82.

Reported in : 1998IAD(Delhi)260; [1999]97CompCas394(Delhi); 49(1997)DLT425

M/s Rahat Steels Pvt. Ltd was made directly by the respondent the requirement under Section 82(c) of the Negotiable Instruments Act, 1881 was fulfillled and accordingly, on making the payment by the respondent to M/s Rahat Steel Pvt. Ltd to

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 … to the prejudice of the drawer. Under section 78 of the NI Act, subject to the provisions of section 82, clause (c), payment of the amount due on a cheque must, in order to discharge the maker or

Govind Ram Chanani Authorised Representative of Alloy Steel Emporium V ...

Court : Karnataka

Subject : BankingCriminal

Acts : Negotiable Instruments Act, 1881 - Sections 8, 9, 82, 138 and 142; Code of Criminal Procedure (CrPC) - Sections 2, 200, 203, 258 and 378(4)

Reported in : 2009CriLJ2154; 2009(3)KarLJ253

the demand of notice. Therefore, appellant filed complaints against respondents for the offence punishable under Section 138 of Negotiable Instruments Act. The Court below, after taking cognizance, secured the presence of respondents and recorded their plea. Since the respondents … Kumar and three Ors. v. State of U.R and Anr. 2004 (1) DCR 493 it is held thus:Negotiable Instruments Act, 1881 - Section 138 - Dishonour of cheque - Wrong mention of month of November instead of December in … due course which was issued in favour of the partnership firm is entitled to file a complaint under Section 82 of N.I. Act. The District Registrar of Firms, issued a certificate that appellant is a partnership firm and

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. … of the case and no steps were taken by the complainant for proceeding against the accused under Sections 82 and 83, Cr. P.C.3. Learned Counsel appearing for the appellant submits that the absence of the complainant-appellant was