Dishonor of Cheque - cheque was returned unpaid - The complaint ...

Complaint Dismissed: Section 138 Case Invalid as Notice Sent Post Company Liquidation; Summoning Order Void.

May 13, 2020

Case Laws Indian Laws HC

Dishonor of Cheque - cheque was returned unpaid - The complaint filed under Section 138 of the Negotiable Instruments Act, 1881 is not maintainable because the complainant /respondent sent a notice to the applicants after passing of the wind up order by this Court meaning thereby on the date of issuance of notice to the applicants the company was in liquidation and cannot be stated to have committed any offence, therefore, summoning order is bad in law

View Source

← Previous Next →

Dishonor of Cheque - cheque was returned unpaid - The complaint ...

Complaint Dismissed: Section 138 Case Invalid as Notice Sent Post Company Liquidation; Summoning Order Void.

May 13, 2020

Case Laws Indian Laws HC

You may also like:

Notice u/s 148 send through registered post is presumed to be served

Maintainability of application - Corporate Debtor - mandatory notice - notice has been sent by e-mail as well as by post but the notice sent by post has not been served...

Reopening of assessment u/s 147 - date of the issuance of the Notices - In the present case, the Notices were sent from the designated e-mail ID of the respective JAOs,...

Validity of reassessment order - Notice sent on wrong (old) E-mail ID - The petitioner company had two email addresses, one used until 2019 and another operational since...

Court ordered dissolution of company and discharged Official Liquidator as Liquidator u/s 481 of Companies Act, 1956 as Official Liquidator could not proceed further...

Notice u/s 148 – Notice was issued in the name of amalgamating company which has been merged - the amalgamating company ceased to exist - Notice invalid - AT

Non-service of mandatory notice u/s 143(2) renders assessment proceedings void ab initio. Revenue failed to prove sending of notice by ordinary post/registered post or...

Dishonor of Cheque - offence u/s 138 of NI Act - In view of the Section 27 of the General Clauses Act it is not necessary to mention in the complaint that service of...

The High Court held that initiating tax assessment u/s CGST Act against a dissolved company is a jurisdictional defect, not a procedural one. Once a company is dissolved...

Service of notice - whether speed post is proper service or not - There is nothing on record to show that order sent by speed post was received by the assessee himself.

Dishonor of Cheque - the pre-condition of filing a complaint under Section 138 of the NI Act of sending a statutory notice has not been satisfied in the present case....

Notice u/s 143(2) issued by a non-jurisdictional Assessing Officer/Deputy Commissioner is invalid and cannot be cured. The assessment order framed u/s 143(3) based on...

HC held gratuity dues do not form part of liquidation estate under IBC and remain protected for workers' benefit. The controlling authority maintained jurisdiction as...

Related companies – TP rules may apply to domestic operations – SC sends suggestions to Central Government

Dishonor of Cheque - vicarious liability of Independent Directors / company secretary - The complaisant does not particularize the role of the petitioner in regard to...

Quick Updates: