22 April 2019


Search Results for Tag : Cheque

Judgments

Post-dated cheques given as security against advance do not constitute a legally enforceable liability(14.08.2015)

When cheques are given as security against an advance, and could not be encashed unless the account between the parties was settled, the amount of suc.....

Tags : Cheque, dishonour, enforceable liability, post-dated

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No necessity for complaint to aver actual date of service of notice against dishonoured cheque(17.08.2015)

If the complaint contains the date of issuance of registered notice, merely not containing the date of receipt of information from the bank regarding .....

Tags : Banking, cheque, date of service, notice

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Security cheques to be proved as given in discharge of legally enforceable debt(15.09.2015)

In a case involving arrest of the accused for dishonoured cheques, the Court allowed the accused’s petition. It noted the peculiar facts of the case a.....

Tags : Security, cheque, presumption, enforceable debt

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Supreme Court endeavours to protect shareholders from greedy management(25.11.2015)

Transaction buying-back shares purporting to transfer over 15 per cent of total shareholding, particularly when conducted between promoters of a compa.....

Tags : Share, buy-back, minimum price, announcement, cheque

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Jurisdiction vested where cheque delivered for collection(24.11.2015)

The Supreme Court accepted the explanation that pursuant to the Negotiable Instruments (Amendment) Second Ordinance, 2015, “the place where a cheque i.....

Tags : Dishonoured cheque, jurisdiction, collection, drawee

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Maintenance of regular savings bank account and availing services provided by Bank covered under definition of consumer(11.11.2016)

Issue in present case is relating to deficiency in service on part of Bank in denying payment of cheque and resultantly, financial loss had been cause.....

Tags : Penalty, Cheque, Payment

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Accused had to prove in the trial by leading cogent evidence that, there was no debt or liability(29.10.2018)

It is the case of the Complainant that, the Accused borrowed a sum of Rs. 25,000 from him and in discharge of the said loan, the Accused issued the ch.....

Tags : Cheque, Dishonour, Acquittal, Validity

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If cheque amount with assessed cost and interest has been paid, proceedings can be closed even in absence of complainant(01.01.2019)

The complainant/Respondent No. 1 instituted a complaint under Section 138 of the Negotiable Instruments Act, 1881 ('Act') against the Petitioner on th.....

Tags : Proceedings, Cheque, Dishonour, Compounding thereof

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News

'Cheque Bounce' Complaint Based on Second Notice After Re-Presentation of Cheque Maintainable: SC(18.01.2019)

Supreme Court has held that a 'cheque bounce' complaint filed based on the second statutory notice issued after re-presentation of cheques, is maintai.....

Tags : Supreme Court, Cheque Bounce Complaint

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Cheque Bounce Complaint Against Director Not Maintainable if Company is Not Arraigned as Accused: SC(25.01.2019)

Supreme Court has reiterated that a 'cheque bounce' complaint against the director of the company is not maintainable if the company is not arraigned .....

Tags : Supreme Court, Cheque Bounce Complaint

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Accused and His Witnesses can Lead Evidence on Affidavit in Dishonour of Cheque Trial: Gujarat HC(31.01.2019)

Gujarat High Court has held that just like the witnesses, the accused in a case filed under Section 138 of the Negotiable Instruments Act can also lea.....

Tags : Gujarat High Court, Dishonour of Cheque Trial

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Subsequent Filling of Unfilled Signed Cheque is Not Alteration U/S 138 NI Act: SC(08.02.2019)

Supreme Court has held that subsequent filling of unfilled signed cheque is not an alteration and even a blank cheque leaf, voluntarily signed, would .....

Tags : Supreme Court, Cheque Bounce

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CRIMINAL - Presence of Complainant Not Required to Take Cognizance in Dishonour of Cheque Case: Kerala HC(28.02.2019)

Kerala High Court has held that presence of complainant is not necessary to take cognizance of a cheque bouncing case under Section 138 of Negotiable .....

Tags : Kerela High Court, Cognizance in Dishonour of Cheque Case

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COMPANY - Cheque Bounce Case Against Director: Must be Proved that Director responsible for Company's Conduct(11.03.2019)

Supreme Court has reiterated that, a 'cheque bounce' complaint against a Company and its Director, must contain a specific averment that Director was .....

Tags : Supreme Court, Cheque Bounce Case Against Director

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COMPANY - Cheque Bounce Case Against Director: Must be Proved that Director Responsible for Company's Conduct(11.03.2019)

Supreme Court has reiterated that, a 'cheque bounce' complaint against a Company and its Director, must contain a specific averment that Director was .....

Tags : Supreme Court, Cheque Bounce Case Against Director

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Bouncing of Cheque, Issued for Insurance Premium is Breach of Promise: Bombay HC(22.04.2019)

Bombay High Court has held that when a cheque issued towards payment of insurance premium bounces, an insurance company is not bound to indemnify owne.....

Tags : Bombay High Court, Insurance, Cheque Bounce

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No Legally Enforceable Debt If Cheque Issued for Illegal Consideration: Karnataka High Court(02.08.2018)

Karnataka High Court has quashed a complaint filed for dishonour of cheque under Section 138 of Negotiable Instruments Act on the ground that the comp.....

Tags : Karnataka High Court, Cheque

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Cheque Bounce Complaint Filed by Power of Attorney Maintainable in Law: Supreme Court(03.10.2018)

Supreme Court has reiterated in a case where Special Power of Attorney had filed the complaint that a cheque bounce complaint filed by the Power of At.....

Tags : Supreme Court, Cheque Bounce

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Bombay HC: Accept Cheques & Demand Drafts For Bails and Sureties(02.12.2016)

Bombay High Court has issued a notice directing all subordinate Courts in State to begin accepting cheques and demand drafts instead of provisional ca.....

Tags : Bombay High Court, Cheques, Demand Drafts, Bails, Sureties

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Gujarat High Court: Husband Not Liable For Cheque Issued by Wife(10.04.2017)

Gujarat High Court has held that husband is not liable for a cheque issued by wife in her personal capacity.

Tags : Gujarat High Court, Wife, Cheque

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Supreme Court Says ‘Compensation’ Recoverable From Accused Even If ‘Default Sentence’ Suffered(08.05.2017)

Supreme Court has held that compensation ordered by Court would be recoverable even though a default sentence has been suffered in a cheque bounce cas.....

Tags : Supreme Court , cheque bounce

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Delhi High Court Terms Practice of Collecting 'Undated Cheques' by Excise Dept 'Illegal'(22.05.2017)

Delhi High Court has termed practice of collecting undated cheques from assesses by officials of Anti-Evasion Department of Central Excise ‘illegal’.

Tags : Delhi High Court, Undated Cheques

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Delhi HC Rejects Plea Filed 898 Days After Lower Court’s Decree In Cheque Dishonour Case(21.07.2017)

Delhi High Court has dismissed a plea filed by a woman against a lower court’s’ decree in a suit for dishonour of cheque of Rs. 3.96 lakh passed almos.....

Tags : Delhi High Court, Cheque Dishonour Case

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Supreme Court to HCs: What Have You Done to Speed Up Cheque Bounce Cases(18.06.2018)

Supreme Court has sought action taken reports from all the 24 high courts on speeding up cheque-bounce cases, which have been clogging the criminal co.....

Tags : Supreme Court, Cheque Bounce

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Supreme Court: Presumption U/S 139 of NI Act Can’t Be Rebutted By Mere Denial(03.07.2018)

Supreme Court has reiterated that mere denial of a debt or liability cannot shift the burden of proof from the accused in a case of dishounor of chequ.....

Tags : Supreme Court, Cheque

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S.138 NI Act Offence Attracted Even If Cheque Issued For Sale Consideration: Delhi High Court(12.07.2018)

Delhi High Court has held that offence of dishonour of cheque under Section 138 of Negotiable Instruments Act is attracted even if the cheque was issu.....

Tags : Delhi High Court, Cheque

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Lok Sabha Passes Bill for Quick Prosecution in Cheque Bounce Cases(24.07.2018)

Lok Sabha has passed a bill for quick prosecution in cheque bounce cases and provide compensation to the complainant.

Tags : Lok Sabha, Cheque Bounce

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Negotiable Instruments (Amendment) Bill, 2015(14.12.2015)

Passed by Lok Sabha in August of this year, the Rajya Sabha too stamped approval on the Negotiable Instruments (Amendment) Bill, 2015. The Bill addres.....

Tags : Negotiable instruments, cheque, jurisdiction, 2015

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Madras HC Dismisses Appeal in Cheque Bounce Case(25.07.2016)

Madras HC has held that private complainants in cheque bounce cases cannot prefer appeals against acquittal of the accused, directly before the High C.....

Tags : Madras HC , cheque bounce cases

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RBI Relaxes Norms in Cheque Dishonour Cases(05.08.2016)

Reserve Bank of India (RBI) has relaxed norms in cheque dishonour cases of Rs 1 crore and above.

Tags : Reserve Bank of India , Cheque Dishonour Cases

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Cheque Bounce Cases: Madras High Court Directive to Subordinate Courts(10.09.2015)

Madras High Court has issued directions to all subordinate courts in State to ensure that cheque bounce cases were heard only by courts within whose j.....

Tags : Madras High Court, cheque bounce cases

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Statute

Negotiable Instruments (Amendment) Second Ordinance, 2015(22.09.2015)

The government introduced the Negotiable Instruments (Amendment) Second Ordinance, 2015. The Ordinance clarifies that jurisdiction for cheque bounce c.....

Tags : Cheque, ordinance, negotiable instruments, jurisdiction

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Top Story

Lok Sabha passes Negotiable Instruments (Amendment) Bill, 2017(23.07.2018)

In order to reduce undue delay in final resolution of cheque dishonour cases and to provide relief to payees of dishonoured cheques, Parliament has pa.....

Tags : Bill, Amendment, Cheque bounce, Compensation

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