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 February 2024 Year 2024 This

Dishonour of Cheque - exercise of discretion rationally, by the ...

Indian Laws

February 24, 2024

Dishonour of Cheque - exercise of discretion rationally, by the Trial Court for award of interim compensation - The court underscores that Section 143A is directory, not mandatory, and the trial court has discretion in awarding interim compensation. It mandates reasons for such an award, particularly if the accused's conduct includes delay tactics. - The trial court is justified in expecting cooperation from the accused for a speedy trial and can consider non-cooperation as a factor for interim compensation.

View Source

 


 

You may also like:

  1. Dishonor of Cheque - grant of interim compensation - It is the discretion conferred, as the word used is “may”. - it is not that 20% has to be the interim compensation...

  2. Dishonor of Cheque - insufficiency of funds - delay of 7 days in filing the complaint - time limitation - The issue of limitation for the first time is raised before the...

  3. Dishonour of cheques (PDC) - the substantive sentence awarded to the revisionists could have been one year concurrently rather than independent/consecutive sentence in...

  4. Dishonor of Cheque - compounding of offence punishable u/s 138 of the Negotiable Instruments Act - accused stated that part amount was deposited before learned trial...

  5. Dishonour of 5 Cheque - admissibility of joint trial - The High Court held that, when all the cheques were issued by the husband and wife for the same cause of action...

  6. Dishonor of Cheque - Requirement to deposit of the amount - the word used in Section 138 is "fine" and therefore, discretion is available to the Court under Section 148...

  7. Dishonor of Cheque - Seeking recovery of the interim compensation awarded to the petitioner - If in case of death of an accused the compensation awarded under Section...

  8. Dishonor of Cheque - rebuttal of presumption - The documents produced by the petitioner in his evidence before the trial establishes that he has a business transaction...

  9. Dishonor of Cheque - prayer for reduction in the quantum of sentence - The concern of the Legislature is obvious. Provisions inserted for inculcating greater faith in...

  10. Dishonor of Cheque - legally enforceable debt or not - rebuttal of presumption - both the Trial Court and the Sessions Judge's Court without analyzing the evidence...

 

Quick Updates:Latest Updates