Search Results for "Negotiable Instruments Act"

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Search Results for "Negotiable Instruments Act"

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Supreme Court

Supreme Court Refers Matter to Larger Bench on Automatic Vacation of Stay Orders Under Article 142 of the Constitution. The Court expressed reservations about directions in Asian Resurfacing that interim stay orders automatically lapse after six months, holding that such automatic vacation without judicial application of mind could cause miscarriage of justice.

29 Feb 2024

The Supreme Court, in a judgment authored by Justice Abhay S. Oka, addressed the correctness of directions issued in Asian Resurfacing of Road Agency ...

Supreme Court

Supreme Court Quashes Proceedings Against Former Directors in Cheque Dishonour Case Due to Prior Resignation. Directors Cannot Be Held Liable Under Section 141 of Negotiable Instruments Act When Cheques Were Issued After Their Resignation Was Statutorily Recorded in Form 32 Under Companies Act, 1956.

14 Feb 2024

The Supreme Court addressed appeals concerning criminal liability of former directors in cheque dishonour cases under Section 138 of the Negotiable In...

Supreme Court

Supreme Court Dismisses Accused's Appeal in Cheque Dishonour Case Upholding Rejection of Additional Evidence Application. Appellate Court Correctly Refused to Assist Accused in Collecting Defence Evidence Under Section 391 CrPC as Presumption Under Section 118 NI Act Favors Complainant and Accused Failed to Rebut It Despite Opportunity.

29 Jan 2024

The Supreme Court heard an appeal by special leave challenging the High Court of Gujarat's order dated 25th October 2023, which rejected the appellant...

Supreme Court

Supreme Court Allows Appeal in Negotiable Instruments Act Case Against High Court's Quashing of Summoning Order. High Court Erred in Adjudicating Time-Barred Debt Issue at Summoning Stage Under Section 482 CrPC as Limitation is Mixed Question of Law and Fact Requiring Evidence.

22 Jan 2024

The Supreme Court heard an appeal by the original complainant challenging the Delhi High Court's order that quashed a summoning order in a cheque dish...

Supreme Court

Supreme Court Partly Allows Appeals in Execution Proceedings Against Directors Despite Moratorium Under Insolvency and Bankruptcy Code, 2016. The court held that moratorium under Section 14 IBC applies only to the corporate debtor, not to its directors, allowing execution to proceed against directors if they are otherwise liable under the National Consumer Disputes Redressal Commission order.

17 Jan 2024

The dispute arose from execution applications filed by homebuyers (appellants) to enforce an order of the National Consumer Disputes Redressal Commiss...

Supreme Court

Supreme Court Dismisses Appeal in Bail Cancellation Case Due to Non-compliance with Financial Undertaking. High Court's order cancelling bail upheld as appellant failed to pay full compensation amount of Rs.4,63,50,000 as per settlement under Section 138 of Negotiable Instruments Act, 1881.

3 Jan 2024

The case originated from convictions under Section 138 of the Negotiable Instruments Act, 1881, where the appellant and intervenor, as Chairman and Vi...

Supreme Court

Supreme Court Dismisses Appeals in Criminal Writ Petitions Challenging Summons Issuance for Cheque Dishonor. The Court upheld the High Court's decision that a prima facie case existed under Section 138 of the Negotiable Instruments Act, 1881, and the Magistrate's satisfaction for issuing summons was proper, refusing to quash proceedings under Section 482 of the Code of Criminal Procedure, 1973.

28 Apr 2023

The Supreme Court dealt with appeals challenging the High Court of Judicature at Bombay's judgment dated 26th April 2021, which dismissed the appellan...

Supreme Court

Supreme Court Dismisses Landlord's Appeal in Eviction Petition Under Delhi Rent Control Act, 1958 Due to Res Judicata. The Second Eviction Petition Was Barred as the First Petition's Dismissal for Failure to Prove Landlord-Tenant Relationship Constituted a Decision on Merits Under Order 17 Rule 3 CPC, Attaining Finality Under Section 11 CPC.

29 Mar 2023

The appeal originated from an eviction petition under the Delhi Rent Control Act, 1958. The appellants, as landlords, filed a second eviction petition...

Supreme Court

Supreme Court Grants Anticipatory Bail to Accused in CBI Case Involving Bank Fraud and Corruption Offences. The Court allowed bail as custodial interrogation was not required during investigation, the CBI sought presence for trial only, and the case relied on documentary evidence from 2009-2013, under Sections 420, 467, 468, 471 read with Section 120B IPC and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988.

20 Mar 2023

The Supreme Court of India heard appeals by accused persons challenging the rejection of their anticipatory bail applications by the High Court of Jud...

Supreme Court

Supreme Court Dismisses Appeal in Dishonour of Cheque Case Under Negotiable Instruments Act, 1881 Despite Insolvency Proceedings. Criminal Liability Under Section 138 Negotiable Instruments Act, 1881 Continues Simultaneously with Insolvency Resolution Under Insolvency and Bankruptcy Code, 2016 as Proceedings are Penal and Not Covered by Moratorium Under Section 14.

15 Mar 2023

The dispute arose from a dishonoured cheque issued by M/s Rainbow Papers Limited, a company, to Tourism Finance Corporation of India Limited, a public...

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