Search Results for "Section 138"

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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 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...

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Finance Company Challenges Arbitration Halt Due to Insolvency Moratorium. Petitioner disputes arbitrator's orders citing moratorium scope under IB Code, seeks continuation against non-insolvent guarantors.

The petitioner, a finance company, challenges two orders by an arbitrator that halted arbitration proceedings due to a moratorium under Section 95 of ...

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Land: Basilica of Our Lady of the Mount Challenges SRA's Acquisition Attempt. Protecting Property Rights and Redevelopment Plans in Mumbai's Slum Rehabilitation Dispute

Maharashtra Slum Rehabilitation Authority (SRA) Act, where the petitioner, Basilica of Our Lady of the Mount, Mumbai, contests SRA's attempt to acquir...

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Legal Profession and Consumer Protection Laws: Navigating the Boundaries Exploring the Applicability of Consumer Protection Laws to Advocates and Legal Services

The case concerns the applicability of the Consumer Protection Act, 1986 (CP Act), as re-enacted in 2019, to complaints alleging "deficiency in servic...

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Legal Analysis of Dishonored Cheques Case. Delve into the intricacies of evidence, witness testimonies, and contractual obligations in a high-stakes legal battle over dishonored cheques under Section 138 of the Negotiable Instruments Act.

The case revolves around the issuance of cheques by Ambitious Marketing to Kores (India) Ltd. for goods received but not honored due to "payment stopp...

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Supreme Court Dismisses Petitions by Partnership Firm; Upholds Acquittal in Cheque Bounce Case. Findings of High Court and First Appellate Court on Absence of Enforceable Debt Not Considered Perverse, Petitions Dismissed.

The Supreme Court dismissed four petitions filed by a partnership firm involved in iron and steel products, challenging the acquittal of the first res...

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Supreme Court Quashes Criminal Proceedings and Conviction in Cheque Bounce Case. Court exercises powers under Article 142 to settle a prolonged legal dispute, emphasizing the importance of compensatory justice in cheque bounce cases.

The Supreme Court quashed the criminal proceedings and conviction against the appellant, who was accused under Section 138 of the Negotiable Instrumen...