Corporate Law : Understanding territorial jurisdiction under Section 138 of the NI Act. Key rulings and amendments explain where cheque bounce cas...
Corporate Law : Himachal Pradesh High Court rules that offences under the NI Act can be compounded even after conviction, following settlement bet...
Corporate Law : भारत में विवादित चेक को नियंत्रित करने वाले एनआई ...
Corporate Law : Explore directors' liability under the Negotiable Instruments Act during the moratorium period under the Insolvency and Bankruptcy...
Corporate Law : Explore the mounting backlog of cheque bounce cases in India, the legal procedures involved, the jurisdiction of cases, and how to...
Corporate Law : The Modi government in a bit to improve ease of doing business and unclogging courts has decided that 39 sections in 19 differen...
Corporate Law : Lok Sabha passes Negotiable Instrument (Amendment) Bill, 2018 a bill further to amend the Negotiable Instruments Act, 1881 by whic...
Corporate Law : It is, therefore, proposed to introduce the Negotiable Instruments (Amendment) Bill, 2017 to provide, inter alia, for the followin...
Corporate Law : Proposal to promulgate the Negotiable Instruments (Amendment) Ordinance, 2015 The Union Cabinet, chaired by the Prime Minister Shr...
Corporate Law : The main amendment included in this is the stipulation that the offence of rejection/return of cheque u/s 138 of NI Act will be en...
Corporate Law : Bombay High Court grants leave to file an appeal in Jaikiran Prabhaji Nagari Sahakari's case against Santosh Chudaman Patil after ...
Corporate Law : Madhya Pradesh HC ruled IBC proceedings do not exempt signatories from liability under NI Act. Court upheld Rs. 13.73 lakh deposit...
Corporate Law : Regarding Section 14 of the IBC, court clarified that moratorium only applies to corporate debtor, not to natural persons like dir...
Corporate Law : Explore the Supreme Court judgment on whether directors who resigned can be held liable for dishonored negotiable instruments. Und...
Corporate Law : Karnataka High Court revolved around Section 138 of Negotiable Instruments Act 1881 in case of Shashikala Jayaram vs. Appayappa - ...
Corporate Law : Pursuant to directions of Hon'ble Supreme Court of India, following Practice Directions are issued to all Courts dealing with case...
Finance : Central Government hereby declares every Saturday as a public holiday for Life Insurance Corporation of India, with immediate effe...
Corporate Law : This Act may be called the Negotiable Instruments (Amendment) Act, 2018. (2) It shall come into force on such date as the Central ...
Corporate Law : MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 29th December, 2015 The following Act of Parliament received t...
Corporate Law : NOW THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to p...
Held Issuance of warrant of attachment in respect of any property situated outside the local limits of jurisdiction is barred in view of the provisions of Section 39(4) of the Code of Civil Procedure and hence, the executing Court at Rajkot was directed to examine the matter afresh.
While computing the limitation period of 30 days prescribed under Section 138(b) N.I. Act for issuance of a valid legal notice, the day on which intimation is received by the complainant from the bank that the cheque in question has been returned unpaid has to be excluded.
Nag Leathers Pvt. Ltd Vs Muzain Hides (Madras High Court) It is evident that there is a categorical finding recorded by the Apex Court that the moratorium provision contained in Section 14 of the Insolvency Bankruptcy Code, would apply only to corporate debtor, the natural persons mentioned in Section 141 continuing to be statutorily liable […]
Considering the object of Section 138 of the NI Act, which is mainly to inculcate faith in the efficacy of banking operations and credibility of transacting business through cheque as also taking into account the provisions of Section 147 which states that every offence punishable under this Act shall be compoundable. Further, it is mainly a transaction between the private parties where the State is not affected.
Parvaiz Ahmad Bhat Vs Fida Mohamamd Ayoub (Jammu and Kashmir High Court) The question whether stop payment instructions, which result in dishonor of a cheque, would amount to an offence under Section 138 of the NIA Act, was considered by the Supreme Court in M. M. T. C. Ltd. Vs. M/S Medchl Chemicals, (2001) 1 […]
Kodam Danalakshmi Vs State of Telangana (Telangana High Court) A person who is the signatory to the cheque and the cheque is drawn by that person on an account maintained by him and the cheque has been issued for the discharge, in whole or in part, of any debt or other liability and the said […]
But if the Court permits payment of fine as compensation to the complainant directly, it enables the accused to pay the entire fine as compensation directly to the complainant, as is the case with the sentence in C.C.785/2003, the Magistrate cannot insist that fine is to be paid in Court and it cannot be paid directly to the complainant and is to be paid to the complainant only after making necessary entries in Form No.20.
Yasir Amin Khan Vs Abdul Rashid Ganie (Jammu and Kashmir High Court) Facts- Special Mobile Magistrate convicted a man and punished him with simple imprisonment for a term of 6 months in a cheque bounce case of INR 10 Lakhs and in addition, he was also held liable to pay compensation of INR 2 Lakhs […]
Sunil Todi & Ors. Vs State of Gujarat & Anr. (Supreme Court of India) The object of the NI Act is to enhance the acceptability of cheques and inculcate faith in the efficiency of negotiable instruments for transaction of business. The purpose of the provision would become otiose if the provision is interpreted to exclude […]
Bhupesh Rathod Vs Dayashankar Prasad Chaurasia (Supreme Court of India) Complaint filed by Company u/s 138 of NI Act could not be denied merely because Managing Director’s name appeared first in complaint. Conclusion: Merely because Managing Director’s name appeared first as acting on behalf of the Company on the registered complaint, respondent could not contended […]
