Subject :Negotiable Instruments Act; ss.138 and 141:
Dishonour of Cheque-Vicarious liability of director for commission of offences on the part of a Company-Held: Director liable only in the event condition precedent therefor in s.141 of the Act satisfied-
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Head Notes :Allowing the appeal, the Court
HELD: 1.1. A person would be vicariously liable for commission of an offence on the part of a Company only in the event the conditions precedent laid down therefor in Section 141 of the Act stand satisfied.
[Para 1
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Citation :2007 AIR 912 , 2007(1 )SCR907 , 2007(3 )SCC693 , 2007(2 )SCALE36 , 2007(2 )JT233
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Category:
Civil Law
| on 16 January 2007 |
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Subject :Negotiable Instruments Act, 1881-Sections 138 to 141-Dishonour of cheque issued on behalf of company-Complaint petition u/s.138 not stating that accused-directors were in charge of business of the company-Liability of accused-directors under S.141-He
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Head Notes :Allowing the appeal, the Court
HELD: 1.1. A bare perusal of the complaint petitions demonstrates that the statutory requirements contained in Section 141 of the Negotiable Instruments Act had not been complied with. Although it is not necessary f
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Citation :2006 AIR 3086, 2006(6 )Suppl.SCR126 , 2006(10 )SCC581 , 2006(9 )SCALE212 , 2006(12 )JT20
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Category:
Civil Law
| on 13 September 2006 |
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Subject :Negotiable Instruments Act; Ss. 118(a), 138 and 139:
Dishonour of a Cheque-Complaint-Notice-Trial Court found accused-share-broker guilty of committing offence under Section 138 of the Act-Reversed by the first Appellate Court-Appeal against allo
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Head Notes :Allowing the appeal, the Court
HELD: 1.1. The High Court, in view of the findings of fact arrived at by the appellate court committed a manifest error in reversing the judgment of the first appellate Court. The Second Respondent evidently had not
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Citation :2006 AIR 3366, 2006(3 )Suppl.SCR124 , 2006(6 )SCC39 , 2006(6 )SCALE393 , 2006(6 )JT72
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Category:
Civil Law
| on 07 April 2006 |
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Subject :Negotiable Instruments Act, 1881-Section 138-Dishonour of cheque-Legal Notice by post-Refused due to non-availability of addressee-Whether can be presumed to be service-Held: The presumption of service of notice in such cases depends on facts of each
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Head Notes :Dismissing the appeals, the Court
HELD: 1.1. The question whether in a case of this nature, where the postal endorsement shows that the notice could not be served on account of the non-availability of the addressee, a cause of action may still ari
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Citation :2006 AIR 2179, 2006(2 )Suppl.SCR1008, 2006(6 )SCC456 , 2006(6 )SCALE277 , 2006(11 )JT187
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Category:
Civil Law
| on 25 May 2006 |
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Subject :Constitution of India, 1950-Article 227-Territorial jurisdiction against order of sub-ordinate court-Held: Only that High Court within whose jurisdiction order of sub-ordinate court was passed has jurisdiction to entertain application under Article 2
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Head Notes :Allowing the appeal, the Court
HELD: 1. Only such High Court within whose jurisdiction the order of sub-ordinate court has been passed would have the jurisdiction to entertain an application under Article 227 of the Constitution of India unless it
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Citation :2006 AIR 1288, 2006(2 )SCR595 , , 2006(2 )SCALE592 , 2006(3 )JT80
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Category:
Civil Law
| on 24 February 2006 |
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Subject :Negotiable Instruments Act, 1881-Sections 138 and 141-Dishonour of cheques-Offences by companies-Prosecution against officers who were in charge of and responsible for conduct of business-Reference to Larger Bench-Whether specific averments are neces
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Head Notes :Answering the Reference, the Court
HELD: 1.1. Liability under Section 141 of the Negotiable Instrument Act, 1881 is cast on persons who may have something to do with the transaction complained of. A person, who is in charge of and responsible for
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Citation :2005 AIR 3512, 2005(3 )Suppl.SCR371 , 2005(8 )SCC89 , 2005(7 )SCALE397 , 2005(8 )JT450
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Category:
Civil Law
| on 20 September 2005 |
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Subject :Code of Criminal Procedure, 1973 :
Cognizance of offence-When taken of-Held : Once the Court is satisfied that the complaint discloses the commission of an offence and there is no reason to reject the compliant at that stage, and proceeds further,
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Head Notes :Allowing the appeal, the Court
HELD : 1. The cognizance is taken of the offence and not of the offender. Once the Court on perusal of the complaint is satisfied that the complaint discloses the commission of an offence and there is no reason to re
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Citation :, 2005(2 )Suppl.SCR873 , 2005(7 )SCC467 , 2005(7 )SCALE53 , 2005(8 )JT87
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Category:
Civil Law
| on 23 August 2005 |
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Subject :Negotiable Instruments Act, 1881 :
ss. 141(1) and 141(2)-Applicability of-Complaint u/s 138 of the Act and ss. 420 and 114 of Penal Code filed against a company and its employees and Directors-Application by employees and Directors for dropping t
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Head Notes :Dismissing the appeal, the Court
HELD : 1.1. The prayers before the courts below essentially were to drop the proceedings on the ground that the allegations would not constitute a foundation for action in terms of s.141 of the Negotiable Instrumen
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Citation :2005 AIR 2436, 2005(3 )SCR857 , 2005(4 )SCC173 , 2005(4 )SCALE354 , 2005(6 )JT145
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Category:
Civil Law
| on 25 April 2005 |
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Subject : Negotiable Instruments Act, 1881--Section 9--`Holder in
due course'--No defect in the title of the
transferor--Requirement of.
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Head Notes : What is the true meaning and scope of the expression
'holder in due course' as defined in Section 9 of the Nego-
tiable Instruments Act, 1881, was the question that arose
for consideration in this appeal.
Consequent upon the plead
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Citation :1991 AIR 441, 1990( 1 )Suppl.SCR 542, 1991( 1 )SCC 113, 1990( 2 )SCALE579 , 1990( 4 )JT 94
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Category:
Civil Law
| on 18 September 1990 |
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Subject : Negotiable Instruments Act--Section 131--Bank can avail
of immunity as collecting banker--Opening of account--Duties
of bank.
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Head Notes : The plaintiff--respondent filed original suit No. 7667
of 1975 against the appellant-Bank in the City Civil Court
Madras for recovery of Rs.26,383.49 p. together with inter-
est and costs, being the amount of loss suffered by it on
acc
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Citation :, 1989( 2 )Suppl.SCR 27, 1990( 1 )SCC 484, 1989( 2 )SCALE1014, 1989( 4 )JT 334
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Category:
Civil Law
| on 11 July 1989 |
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