Search Results for "Section 138"

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Supreme Court Upholds Enhanced Share Valuation, Awards Interest at 6% Pre-Decree and 9% Post-Decree in Decades-Old Dispute. Balancing Equity and Commercial Realities: SC Modifies Interest Rates in Rajasthan State Mines Share Acquisition Case

Valuation of Shares – The Supreme Court affirmed the High Court’s valuation of shares at ₹640 per share, rejecting the State’s objections. Th...

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Supreme Court Dismisses Transfer Petition in Cheque Dishonour Case, Upholds Jurisdiction Under Section 142 of the Negotiable Instruments Act, 1881

Bank’s Right to Choose Jurisdiction for Cheque Dishonour Cases Upheld – Transfer Denied Under Section 406 of the Code of Criminal Procedure, 1973 ...

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Supreme Court Quashed Criminal Proceedings Against Non-Executive Directors, Reaffirming Vicarious Liability Principles Under Negotiable Instruments Act, 1881

Non-Executive Directors Cannot Be Held Liable Under Section 138 Read with Section 141 of the Negotiable Instruments Act, 1881 Without Specific Allegat...

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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...