Corporate Law : Generate SEO meta description (160 Characters) Explore directors' liability under the Negotiable Instruments Act during the morato...
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 : As per section 143-A of Negotiable Instrument Act, the court trying an offense under section 138 may order the drawer of the chequ...
Company Law : Explore the onus to prove in cheque bounce cases (Section 138 NI Act) through a comprehensive analysis of relevant provisions and ...
Corporate Law : The Negotiable Instruments Act, 1881 (hereinafter referred as NI Act) is the safety net for those creditors (deemed or actual) who...
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 : 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 : No person should accept any loan or deposit of a sum of Rs.20,000/- or more otherwise than by an account payee cheque or account p...
Corporate Law : Read about the Delhi High Court's decision upholding simultaneous arbitration and Section 138 NI Act proceedings, emphasizing thei...
Income Tax : Madras High Court quashes a cheque dishonour case, ruling an illegal claim cannot be construed as legal. Detailed analysis of Davi...
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 that the notice issued after the cheque was returned back as dishonoured, was no notice as contemplated under the provisions of Negotiable Instruments Act, as no demand of money was made therein.
Explore the mounting backlog of cheque bounce cases in India, the legal procedures involved, the jurisdiction of cases, and how to execute court orders in civil courts.
Signatories/directors cannot escape from their penal liability under Section 138 of NI Act by citing its dissolution. What is dissolved, is only company, not personal penal liability of accused covered under Section 141 of NI Act.
Adjudication in civil matters is based on preponderance of probabilities whereas adjudication in criminal cases is based on the principle that the accused is presumed to be innocent and the guilt of the accused should be proved to the hilt and the proof should be beyond all reasonable doubt.
Respondent, by way of rebuttal evidence has failed to probablize its defence to disprove statutory presumption available in favour of Appellant. Such failure has proved charge leveled against Respondent for offence under Section 138 of NI Act.
As per section 143-A of Negotiable Instrument Act, the court trying an offense under section 138 may order the drawer of the cheque to pay interim compensation to the complainant even where the accused is denying its liability or pleading not guilty to the accusation of the complainant which shall not be exceeding 20% of the amount of the cheque payable within 60 days.
Man Mohan Patnaik Vs Cisco Systems Capital India Pvt.Ltd & Ors. (Delhi High Court) Upon a bare perusal of section 138 of the NI Act, it is evident that the genesis of an offence under that provision is the ‘return’ of a cheque by a bank ‘unpaid’, inter-alia for insufficiency of funds in the account […]
The Hon’ble Madras High Court held that it is settled law that in the case under Section 138 of NI Act Section 139 of NI Act provides that the Court shall presume that the holder of a cheque received the cheque of the nature referred into Section 138 of NI Act
The provision of Section 142 (b) of Negotiable Instruments Act, 1881 cannot be considered to be effective with retrospective effect.
Explore the onus to prove in cheque bounce cases (Section 138 NI Act) through a comprehensive analysis of relevant provisions and key judgments. Understand the legal debt presumption, shifting onus, and the role of statements, ITR filings, and financial capacity in establishing or challenging legal transactions. Get insights into case laws and a balanced perspective on the burden of proof for both complainants and accused in cheque bounce cases.
