12 August 2024

Search Results for Tag : Instrument

Judgments

ONCE THE ESSENTIAL ELEMENT OF CONSENSUS AD IDEM IS ESTABLISHED THEN THE FINDINGS OF THE LOWER COURT CONVICTING THE ACCUSED FOR DISHONOUR OF CHEQUE ARE LIABLE TO BE SET ASIDE(11.06.2018)

In the instant case the criminal revision petition, is directed, against, the concurrently recorded findings, whereby, both the Courts below, convicte.....

Tags : Negotiable Instrument, Consensus

If the tenancy claim is for any term exceeding one year, the tenancy can be made only by a registered instrument(17.08.2021)

Present appeals are directed against the Orders passed by the Chief Metropolitan Magistrate, rejecting the Application filed by the Appellant herein f.....

Tags : Registered instrument, Requirement, Tenancy claim

Number of transactions, not number of documents for stamp duty(11.08.2015)

In a case where the mortgagor borrowed from 13 banks in one instrument, the agreement fell under Section 5 of the Gujarat Stamp Act, 1958, the Court h.....

Tags : stamp duty, number of transactions, one instrument

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

News

Even Unregistered Partnership Firm Can Maintain ‘Cheque Bounce’ Complaint: HP High Court(17.09.2018)

Himachal Pradesh HC has held that even an unregistered partnership firm can maintain acheque bounce complaint under Section 138 of the Negotiable Inst.....

Tags : Himachal Pradesh High Court, Partnership Firm, Negotiable Instruments Act

Even Unregistered Partnership Firm Can Maintain ‘Cheque Bounce’ Complaint: HP High Court(17.09.2018)

Himachal Pradesh HC has held that even an unregistered partnership firm can maintain acheque bounce complaint under Section 138 of the Negotiable Inst.....

Tags : Himachal Pradesh High Court, Partnership Firm, Negotiable Instruments Act

Delhi HC: Notice of Complaint Should Issue Separately to Company & its Members to Initiate Proceeding(13.05.2022)

Delhi High Court has ruled that if the company is the drawer of the cheque, a notice of complaint should issue separately to the company and its membe.....

Tags : Delhi High Court, section 138, Negotiable Instrument Act, 1881

Karnataka HC: Invoking S.138 Of NI Act Does Not Bar Registration of Crime Under Section 420(16.05.2022)

Karnataka High Court has held that proceedings under Section 420 of the Indian Penal Code are maintainable even if a complaint has been invoked under .....

Tags : Karnataka High Court, Section 420 of Indian Penal Code, 1860, Negotiable Instruments Act, 1881

Madras HC: Signature & Thumb Impression Are Not Mandatory For Pro-Note Under NI Act(16.05.2022)

Madras High Court has ruled that it is not compulsory under the Negotiable Instruments Act, 1881 to obtain both signature and thumb impression for a p.....

Tags : Madras High Court, Negotiable Instruments Act, 1881, thumb impression, pro-note

Meghalaya HC: Dishonored Cheque Must Have Been Issued by Account Holder U/S.138 NI Act(18.05.2022)

Meghalaya High Court has reiterated that the dishonoured cheque must have been issued by the account holder under his name and signature for an offenc.....

Tags : Meghalaya High Court, Dishonoured Cheque, Section 138, Negotiable Instruments Act, 1881

Delhi HC: S.148 NI Act Will Extend to Appeals Out of Complaint Filed Prior to 2018 Amendment(19.05.2022)

Delhi High Court has observed that the applicability of Section 148 of the Negotiable Instruments Act, 1881 will be extended to appeals arising out of.....

Tags : Section 148 Negotiable Instruments Act 1881, Appeals, 2018 Amendment

SC: Lawyer’s Claim for Fee Based on Percentage of Decretal Amount is Misconduct(06.12.2017)

Supreme Court has held that a fee amount claim by a lawyer based on percentage of subject matter in litigation cannot be the basis of a complaint unde.....

Tags : Supreme Court, Negotiable Instruments

SC: Not Necessary to Specifically Plead Managing Director is in Charge of Company's Affairs(02.08.2022)

Supreme Court has held that it is not necessary to make an averment that a Managing Director or Joint Managing Directors were in charge of and respons.....

Tags : Supreme Court, Negotiable Instrument, Managing Director

SC: Right to Cross Examination Can’t be Denied to Accused for Failure To Deposit Interim Compensation(03.08.2022)

Supreme Court has held that right to cross-examine the witnesses examined on behalf of the complainant cannot be denied to an accused for his failure .....

Tags : Supreme Court, Cross Examination, Compensation, Negotiable Instruments

Lok Sabha Passes Negotiable Instruments (Amendment)Bill, 2015(07.08.2015)

Lok Sabha has approved a bill which provides for filing of cheque bounce cases at the place where a cheque is presented for clearance and not the pla.....

Tags : Lok Sabha, Negotiable Instruments (Amendment) Bill, 2015

Supreme Court: Section 148 of Negotiable Instruments Act, 1881 Has Retrospective Effect(30.05.2019)

Supreme Court has observed that Section 148 of the Negotiable Instruments Act, 1881 as amended, shall be applicable in respect of the appeals against .....

Tags : Supreme Court, Negotiable Instruments Act

Del. HC: Stamp Duty Not Payable on Instrument Executed on Behalf/in favor of Government(16.10.2023)

Delhi High Court has held that the Apex Court decision in M/s. N.N. Global Mercantile Private Limited (MANU/SC/0445/2023) is not applicable on an inst.....

Tags : Delhi High Court, Instrument, Stamp Duty

Negotiable Instrument (Amendment) Act 2015 Comes into Force with Retrospective Effect(30.12.2015)

Negotiable Instruments (Amendment) Act 2015 has came in to force with retrospective effect. Amendment shall be deemed to have come into force on the 1.....

Tags : Negotiable Instruments (Amendment) Act 2015

Bom. HC: Trial Court can Compound Offence u/s 138 NI Act at Initial Stage w/o Consent of Complainant(01.12.2023)

Bombay High Court has held that when the application for compounding offences u/s 138 of the NI Act is made at the initial stage of the case and if th.....

Tags : Bombay High Court, Compounding Offences, Negotiable Instruments, Consent

S. 138 NI Act: Complainant Bound to Explain His Financial Capacity When Questioned by Accused: SC(10.04.2019)

Supreme Court has observed that a complainant in a cheque bounce case is bound to explain his financial capacity, when the same is questioned by the a.....

Tags : Supreme Court, Section 138 Negotiable Instruments Act

Sec. 138 NI Act: Complainant Bound to Explain His Financial Capacity When Questioned by Accused: SC(10.04.2019)

Supreme Court has observed that a complainant in a cheque bounce case is bound to explain his financial capacity, when the same is questioned by the a.....

Tags : Supreme Court, Section 138 Negotiable Instruments Act

Section 143A NI Act has No Retrospective Effect: P&H HC(15.04.2019)

Punjab and Haryana High Court has held that Section 143A of Negotiable Instruments Act has no retrospective effect whereas Section 148 will apply to p.....

Tags : Punjab & Haryana High Court, Negotiable Instrument

Kar. HC: Onus on Accused to Prove that Issued Cheque was Misused by Complainant(20.12.2023)

Karnataka High Court while observing that when the court draws presumption under section 139 of Negotiable Instruments Act in favor of the holder of t.....

Tags : Karnataka High Court, Negotiable Instrument, Onus

Gujarat High Court: Unregistered Firm Has Locus to File Criminal Complaint for Cheque Dishonour(03.03.2017)

Gujarat High Court has ruled that an unregistered partnership firm can file a criminal complaint for a dishonoured cheque under section 138 of Negotia.....

Tags : Gujarat High Court, Unregistered Firm, Negotiable Instruments Act.

RBI Refuses to Extend Deadline for PPIs to Complete Customer Verification(27.02.2018)

Reserve Bank of India (RBI) has refused to extend the 28 February deadline for prepaid payment instruments (PPIs) such as mobile wallets to complete k.....

Tags : Reserve Bank of India, prepaid payment instruments, know-your-customer

CRIMINAL - Complaint U/s 138 NI Act Maintainable Where Cheque Was Issued in Pursuance of Agreement for Sale: SC(27.03.2019)

Supreme Court has observed that a complaint under Section 138 of the Negotiable Instruments Act is maintainable when there is dishonour of cheques iss.....

Tags : Supreme Court, Section 138 of the Negotiable Instruments Act

SC: Complaint u/s 138 NI Act Cannot be Quashed When Disputed Question of Facts are Involved(12.02.2020)

Supreme Court has observed that a cheque bounce complaint under Section 138 of the Negotiable Instruments Act, 1881 cannot be quashed when disputed qu.....

Tags : Supreme Court, Complaint under Section 138 Negotiable Instruments Act, 1881

Ch. HC: Appeal Against Acquittal Order u/s 138 of NI Act Lies to HC u/s 378(4) of CrPC(10.01.2024)

Chhattisgarh High Court has held that an appeal against orders of acquittal under Section 138 of the Negotiable Instruments Act, 1881 shall lie to the.....

Tags : Chhattisgarh High Court, Appeal, Acquittal, Negotiable Instruments Act, CrPC

President Mukherjee Promulgates Second Ordinance on Cheque Bounce Cases(24.09.2015)

President Pranab Mukherjee has promulgated Negotiable Instruments (Amendment) Second Ordinance, 2015, in order to provide big relief to about 18 lakh .....

Tags : President Pranab Mukherjee,Negotiable Instruments (Amendment) Second Ordinance

Chhattisgarh HC: Director Cannot Be Prosecuted u/s 138 of Negotiable Instruments Act(30.03.2022)

Chhattisgarh High Court has held that a director could not be charged under Section 138 of the Negotiable Instruments Act, 1881 without the company be.....

Tags : Chhattisgarh High Court, Section 138 of the Negotiable Instruments Act, Company

Orissa HC: Person in Charge of Trust Can't Be Arraigned Without Impleading Trust Itself(05.12.2022)

Orissa High Court has held that a person in charge of a Trust can’t be impleaded as an accused for dishonour of cheque, under Section 138 of Negotiabl.....

Tags : Orissa High Court, Negotiable Instruments, Dishonour, Trust

Notice Demanding Loan Amount Not Invalid if it is Same as Cheque Amount: SC(19.04.2019)

Supreme Court has observed that a demand notice issued under Section 138 of Negotiable Instruments Act, claiming 'loan amount', does not become invali.....

Tags : Supreme Court, Section 138 of Negotiable Instruments Act

Parliament Passes Negotiable Instruments (Amendment) Bill, 2018(27.07.2018)

Parliament has passed a bill namely the Negotiable Instruments (Amendment) Bill, 2018 aiming at allowing a court to try offences related to cheque bou.....

Tags : Parliament, Negotiable Instruments

Cal. HC: Advocate's Mistake Should Not Prejudice Party's Rights(07.02.2023)

Calcutta High Court while observing that mistake on part of advocate representing any party shouldn’t act as prejudice against rights of a party, has .....

Tags : Calcutta High Court, Mistake, Acquittal, Negotiable Instruments

Demand Notice U/S 138 NI Act Need Not be Sent Through Advocate: Tripura HC(30.04.2019)

Tripura High Court has held that there is no requirement in the Negotiable Instruments Act that the demand notice under Section 138 of the Act is to b.....

Tags : Tripura High Court, Section 138 Negotiable Instruments Act

Notifications & Circulars

Negotiable Instruments (Amendment) Act, 2015 effective retrospectively(29.12.2015)

The Ministry of Law and Justice notified Presidential assent accorded to The Negotiable.....

Tags : Negotiable instruments, amendment, act, retrospective

Determination of specified instruments as debt instruments(16.10.2019)

In exercise of the powers conferred by sub-section (7) of section 6 of the Foreign Exchange Management Act, 1999 (42 of 1999), the Central Government .....

Tags : Determination, Debt instruments, Non-debt instruments

Bom. HC: Company’s Authorized Signatory Not Liable to Pay Interim Compensation U/S 143A of NI Act(10.03.2023)

Bombay High Court while observing that signatory of the cheque, authorized by the "Company", is not the drawer in terms of Section 143A of Negotiable .....

Tags : Bombay High Court, Interim Compensation, Negotiable Instruments, Authorized Signatory

SC: Insolvency Resolution of Company Doesn’t Extinguish Director's Liability U/S 138 NI Act(17.03.2023)

Supreme Court has held that the company's director cannot seek discharge from Negotiable Instruments Act proceedings on the ground that creditor’s deb.....

Tags : Supreme Court, Insolvency, Negotiable Instruments, Director's Liability

Kar. HC: Petition to Quash S. 138 of NI Act Conviction is Not Maintainable Under Section 482 CrPC(20.02.2023)

Karnataka High Court has said that a petition filed under Section 482 of Criminal Procedure Code (CrPC) seeking to quash conviction handed down to an .....

Tags : Karnataka High Court, Negotiable Instruments, Quash, Conviction

SC: NI Cases Can be Transferred to Other State by Invoking Section 406 CrPC(22.02.2023)

Supreme Court has held that notwithstanding non-obstante clause in Section 142(1) of Negotiable Instruments (NI) Act, power of Court to transfer crimi.....

Tags : Supreme Court, Negotiable Instruments, CrPC, Transfer

HP HC: Offences for Cheque Dishonor Can be Compounded after Conviction(03.03.2023)

Himachal Pradesh High Court has held that Courts under Section 147 of Negotiable Instrument Act are empowered to proceed to compound an offence, even .....

Tags : Himachal Pradesh High Court, Negotiable Instrument, Compound, Conviction

P&H HC: Undisputed Signatures on Cheque in Itself Not Sufficient for Conviction U/S 138 of NI Act(30.05.2022)

Punjab and Haryana High Court while dealing with an application for grant of leave to appeal, has observed that undisputed signatures of the responden.....

Tags : Punjab and Haryana High Court, Section 138, Negotiable Instruments Act, 1881

Review of norms regarding investment in debt instruments with special features and the valuation of perpetual bonds(10.03.2021)

A. Review of Norms of Investment in Instruments having Special Features

1. Mutual Funds invest in certain debt instruments with special featu.....

Tags : Review, Norms, Investment, Debt instruments

Fiji, Niger and Tuvalu deposited instrument of ratification of the Framework Agreement of the International Solar Alliance(26.09.2017)

Fiji, Niger and Tuvalu deposited instrument of ratification of the Framework Agreement of the International Solar Alliance (ISA) in the 5th meeting of.....

Tags : Instrument, Ratification, Deposit, International Solar Alliance

RBI cautions public against prepaid payment instruments (non-closed) issued by unauthorised entities(22.02.2022)

It has come to the notice of Reserve Bank of India (RBI) that sRide Tech Private Limited, a company having its registered office at 1201, Tower-7, Clo.....

Tags : Prepaid payment instruments, Un-authorised entities, Caution

SC: Action Under Section 31 of SRA to Cancel Instrument is Not ‘In Rem’(01.05.2023)

Supreme Court has held that actions taken under Section 31 of Specific Relief Act (SRA), 1963 for cancellation of an instrument are not an action in r.....

Tags : Supreme Court, Specific Relief Act, Instrument, In Rem

Calcutta High Court: Complaint Under Sec.138 NI Act Not Maintainable Without Presenting Cheque(08.09.2017)

Calcutta High Court has held that without producing the cheque before the drawer bank, complaint under Section 138 of the Negotiable Instruments Act w.....

Tags : Calcutta High Court, Negotiable Instruments Act

Parliament Passes Negotiable Instruments Bill, 2015(07.12.2015)

Parliament passes the Negotiable Instruments (Amendment) Bill, 2015, which deals with cheque bounce cases. The Bill sought to amend the Negotiable Ins.....

Tags : Parliament, Negotiable Instruments (Amendment) Bill, 2015

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

Sikkim HC: Offences U/S 138 NI Act Can be Compounded at Any Stage(05.05.2023)

Sikkim High Court has held that irrespective of provisions of Section 320(9) of the Criminal Procedure Code, offences under Section 138 of the Negotia.....

Tags : Sikkim High Court, Negotiable Instruments, Compounded

Delhi HC Seeks Consolidated List of All Pending and Adjourned Cases U/S 138 of NI Act(03.06.2022)

Delhi High Court has sought from the Principal District and Sessions Judge (Headquarters) a consolidated list of all cases pending or adjourned under .....

Tags : Delhi High Court, Negotiable Instruments Act, Proclaimed Offenders

Tripura HC: Court Must Hear Accused Before Condoning Delay in Filing Complaint U/S 138 of NI Act(08.06.2022)

Tripura High Court has held that a court is required to issue notice to the accused and hear him before condoning the delay in filing a complaint unde.....

Tags : Tripura High Court, Negotiable Instrument, Condoning Delay

Orissa HC: Court Can Take Cognizance of Complaint on Notice Pursuant to Re-Presentation of Cheque(11.04.2022)

Orissa High Court has ruled that Court can take cognizance of a complaint for cheque bounce filed under Section 138 of the Negotiable Instruments Act,.....

Tags : Orissa High Court, cognizance, cheque bounce, Section 138 of the Negotiable Instruments Act, 1881, dishonour

Supreme Court: Set Up Pilot Courts to Deal With Cheque Bounce Cases(19.05.2022)

Supreme Court in a bid to reduce the pendency of cheque bounce cases under S. 138 of the Negotiable Instruments Act, ordered the establishment of pilo.....

Tags : Negotiable Instruments Act, Supreme Court, Cheque Bounce, Pilot Courts

Patna HC: Order for Interim Compensation Under NI Act Can be Enforced As 'Public Demand'(12.05.2022)

Patna High Court has ruled that an order for payment of interim compensation under the Negotiable Instruments Act, 1881 (NI Act) can be enforced under.....

Tags : Patna High Court, Negotiable Instruments Act, 1881, & Orissa Public Demands Recovery Act, 1914, public demand

Supreme Court: Procedure to Admit Insufficiently Stamped Instruments Explained(04.09.2024)

Supreme Court by extracting the steps to be followed as per Sections 33, 34, 35, 37, and 39 of the Karnataka Stamp Act, 1957, has explained the proced.....

Tags : Supreme Court, Karnataka Stamp Act, Insufficiently Stamped Instruments

Supreme Court: Offence u/s 138 of NI Act is Person Specific(31.08.2017)

Supreme Court has said that the offence u/s 138 of Negotiable Instruments Act is person specific. It was also clarified that the general concept under.....

Tags : Supreme Court, Negotiable Instruments Act

NCLT: Issue of Post Dated Cheques is Not Unqualified Admission of Debt(15.06.2022)

National Company Law Tribunal (NCLT), Allahabad Bench has held that issuance of post dated cheques cannot be taken to be unqualified admission of debt.....

Tags : NCLT, Negotiable Instruments Act, Post Dated Cheques

J&K&L HC: Condition of Filing Complaint U/S 138 NI Act Not Fulfilled if Notice Sent on Wrong Address(12.07.2022)

Jammu and Kashmir and Ladakh High Court has held that an inference of having received the statutory notice of demand by a drawer of a cheque as mandat.....

Tags : Jammu and Kashmir and Ladakh High Court, Negotiable Instrument, Wrong Address

Govt. Amends FEMA to Enable the Increase in FDI Limit in Insurance Sector(24.08.2021)

Government has notified the amendment in the Foreign Exchange Management (non-debt instruments) Rules, 2019 (FEMA) to enable the increase in foreign d.....

Tags : Government, Foreign Exchange Management (non-debt instruments) Rules, 2019

Bom. HC: Can’t Dismiss Complaint U/S 138 NI Act Because Complainant Failed to Disclose Amount in ITR(22.08.2023)

Bombay High Court has observed that complaint which is otherwise maintainable under Section 138 of Negotiable Instruments (NI) Act is not liable to be.....

Tags : Bombay High Court, Negotiable Instruments, Complaint

Ker. HC: No Bar on Cheque Dishonour Proceedings Due to Moratorium During Insolvency Process(14.02.2025)

Kerala High Court has observed that during the Corporate Insolvency Resolution Process there will not be any bar on cheque dishonour proceedings again.....

Tags : Kerala High Court, Negotiable Instruments Act, Cheque Dishonour

RBI Introduces New Prepaid Payment Instrument for Daily Grocery Payments(26.12.2019)

Reserve Bank of India has given consumers a new option to make their daily payments at local shops and retail outlets for the purchase of daily househ.....

Tags : RBI, Prepaid Payment Instrument

Jhar. HC: Standard of Proof to Rebut Presumption Under NI Act is of Preponderance of Probabilities(16.08.2022)

Jharkhand High Court has held that when an accused under Section 138 of the Negotiable Instruments (NI) Act has to rebut the presumption in favour of .....

Tags : Jharkhand High Court, Negotiable Instrument, Preponderance of Probabilities

Cal. HC: Can’t Compound Proceedings u/s 138 NI Act at Revision Stage Without Complainant’s Consent(28.09.2023)

Calcutta High Court has held that the prayer of compromise and compounding the proceeding under Section 138 of Negotiable Instruments Act, at the stag.....

Tags : Calcutta High Court, Negotiable Instruments, Compound

SC: Legal Heirs of Deceased Convicted under Section 138 of NI Act Can Challenge Conviction(24.09.2019)

Supreme Court has held that legal heirs of a deceased convicted under Section 138 of Negotiable Instrument Act (NI Act) have right to challenge the co.....

Tags : Supreme Court, Negotiable Instrument Act

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