Search Results for "Negotiable Instruments Act"

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Dishonour of Cheques — Security Deposit — Refund Conditional Upon Vacant Possession — Conviction Under Section 138 of the Negotiable Instruments Act, 1881 Set Aside

The refund of security deposit was contingent on the respondent handing over vacant possession of the flat. The appellant was entitled to deduct unpa...

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Supreme Court Clarified the Scope of Interim Moratorium under Section 96 of the Insolvency and Bankruptcy Code, 2016 – Held That Regulatory Penalties Imposed by the Consumer Protection Act, 1986, Are Not Covered

Invoking Insolvency Proceedings Cannot stay execution of Penalty Orders for Consumer Protection Law Violations – The Apex Court Upheld the NCDRC’s...

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Non-executive director cannot be held vicariously liable under Section 141 of the Negotiable Instruments Act, 1881, without specific allegations of active involvement.

The Supreme Court quashed the criminal proceedings against the Appellant. – Held that vicarious liability under Section 141 NI Act requires specific...

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Revisional Jurisdiction and Compounding Offences Under Negotiable Instruments Act, 1881. Bombay High Court defines the scope of revisional powers and compounding provisions in cheque dishonor cases.

Legal Issue 1: Whether the High Court in its revisional jurisdiction under Section 397 of the Cr.P.C. can accept consent terms and allow compounding o...

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"Cheque Bounce Case Acquitted Due to Non-Compliance with Notice Period" "Failure to comply with statutory time frame leads to acquittal under Negotiable Instruments Act."

The High Court of Bombay at Goa, presided over by Justice Bharat P. Deshpande, addressed the issue of compliance with Section 138(1)(b) of the Negotia...

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Supreme Court Reverses Acquittal in Cheque Bounce Case, Upholds Conviction. High Court and Appellate Court Decisions Overturned on Grounds of Legal Enforceability of Debt.

The Supreme Court of India, reversed the High Court's and the Appellate Court's decisions that had acquitted the respondent in a cheque bounce case un...

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Supreme Court Upholds Acquittal in Cheque Bounce Case. Detailed Judgment Reaffirms Legal Principles under the Negotiable Instruments Act, 1881

The Supreme Court of India has upheld the acquittal of the respondent in a case involving the dishonour of a cheque, originally filed by the appellant...

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Supreme Court Partially Upholds Complaint Under National Housing Bank Act. High Court's Quashing of Complaint Against Company Directors Overturned; Case to Proceed Against Managing Director and Company

The appellant filed a complaint alleging a violation of Section 29A of the National Housing Bank Act, 1987. The Magistrate took cognizance of the comp...

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Supreme Court Upholds Bombay High Court's Interpretation of 'Drawer' Under NI Act. Clarifies that authorized signatories of a company are not liable to pay interim compensation under Section 143-A for dishonoured cheques

The Supreme Court dismissed the appeals challenging the Bombay High Court's decisions dated 08.03.2023 and 29.03.2023. These decisions had set aside t...

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Transfer of Complaint under Section 138 of the Negotiable Instruments Act, 1881 Denied. Accused's request for complaint transfer dismissed; exemption from personal appearance may be sought.

At the instance of the accused, an order of transfer of a complaint under Section 138 of the Negotiable Instruments Act, 1881, cannot be issued. The p...