Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Indian Laws - Highlights / Catch Notes

Home Highlights October 2017 Year 2017 This

Offence u/s 138 of the NI Act - it cannot be said that the ...


Cheques Given as Security u/s 138 Can Be Enforced Upon Default, Upholding Legal Authority in Transactions.

October 6, 2017

Case Laws     Indian Laws     HC

Offence u/s 138 of the NI Act - it cannot be said that the cheques given by way of security are only an empty exercise and that the lender has no authority to present the cheques when there is default. - HC

View Source

 


 

You may also like:

  1. The High Court considered whether dishonored cheques were given for a legally enforceable debt. The appellant failed to prove the existence of a default by the...

  2. Dishonor of cheque case - Issuance of summons - Cheque furnished as security covered u/s 138 of NI Act or not? - Scope and limited jurisdiction of High Court u/s 482...

  3. In a case concerning dishonor of cheques u/s 138 of the Negotiable Instruments Act, the Court upheld the conviction and sentence. The accused admitted issuing cheques...

  4. Dishonor of Cheque - An offence under Section 138 of the NI Act is technical in nature and defences, which an accused can take, are inbuilt; for instance, the cheque was...

  5. Dishonour of Cheque - insufficient funds - When once issuance of cheque is proved, the presumption under Section 138 of N.I.Act would arise with regard to consideration....

  6. Dishonour of Cheque - cheque issued as security - Since factum with regard to advancement of loan to the tune of Rs. 1.00 lac stands established on record and same was...

  7. Dishonor of cheque - presumption that cheque was issued in discharge of legal liability, burden on accused to prove contrary. Supreme Court observations: While deciding...

  8. Dishonor of cheque u/s 138 - validity of statutory demand notice - The legal notice is not confined to the cheque amount. The respondents have not specifically asked for...

  9. The High Court quashed the criminal proceedings u/s 138 of the Negotiable Instruments Act arising from a complaint case. The petitioners were accused of criminal...

  10. Dishonor of Cheque - Different cheques, may be issued for discharging the liability, arising out of one and same transaction, are separate entities and dishonour of each...

  11. Dishonor of Cheque - validity of legal notice - the exact amount, which the appellant claimed for towards the dishonoured cheques was not mentioned in the legal notice,...

  12. Dishonor of cheque due to insufficient funds - failure to rebut presumption u/s 139 of Negotiable Instruments Act. Court must presume cheque issued in discharge of legal...

  13. Dishonor of Cheque - existence of the legally enforceable debt or not - In the light of the presumption under Section 139 which stands unrebutted and also the supporting...

  14. Dishonour of Cheque - Given the absence of a demand notice served upon the company HG Retail, which constitutes the drawer of the cheque as the principal accused, the...

  15. Dishonor of Cheque - Prosecution must prove the guilt of an accused beyond all reasonable doubt. The standard of proof so as to prove a defence on the part of an accused...

 

Quick Updates:Latest Updates