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samrt lawyer (lawyer)     17 September 2010

time limit of notice in ni 138

 Res. Friends

please give me a judgment  which is mentioned  in below and if you have any other details of other law books please give me .

Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Notice - 30 days - Use of words in the provision is 'within' and not 'from' - Intimation from bank received on 3.12.2003 and notice issued on 2.1.2004 - Held, notice was issued on 31st day and not within 30 days from the date of receipt of intimation from bank - Complaint not maintainable. 2009(2) Apex Court Judgments 705 (S.C.)



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 3 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     04 October 2010

Yes sir this is the Judgment of SC within thirty days notice essential.

DEEPAK ASSOCIATES (08010117611)     05 October 2010

You need more material on the point or want to contradict it

Goutam (Student)     05 October 2010

According to section 138(b) a notice for demanding the money must be given within the 30 days after receving the memo from the bank.


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