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 : 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 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 : 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 : 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 : 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...
Vijaya Vs Shekharappa (Karnataka High Court) Legislature has cautiously worded sub-section (1) of Section 143A of Negotiable Instruments Act, 1881 not to make it mandatory in all cases where clauses (a) and (b) of sub-section (1) would empower the learned Magistrate before whom proceedings are pending consideration to award interim compensation. It is the discretion […]
Tedhi Singh Vs Narayan Dass Mahant (Supreme Court of India) The Trial Court and the First Appellate Court have noted that in the case under Section 138 of the N. I. Act the complainant need not show in the first instance that he had the capacity. The proceedings under Section 138 of the N. I. […]
G.k. Construction Company Vs Balaji Makan Samagri Stores (Rajasthan High Court) The core question whether the usage of word ‘may’ in section 148 of Negotiable Instruments Act, 1881 provides a discretion to the Court to impose or not to impose the condition of depositing minimum 20% of the fine amount, is required to be dilated […]
High Court held that in absence of specific allegations about the applicant he cannot be prosecuted for any offence under section 138 N.I. Act (Cheque Bounce Case).
Vikram Singh Vs Shyoji Ram (Supreme Court of India) SC observed that it is surprising that on the one hand, the Bank Managers have specifically deposed that no such bank account was opened and maintained in their bank while on the other hand the cheque drawn by the respondent in favour of the appellant, was […]
Held that the position that would emerge is that when a company is the payee of the cheque based on which a complaint is filed under Section 138 of N.I. Act, the complainant necessarily should be the Company which would be represented by an employee who is authorized.
Gopala Krishna Mootha Vs State Govt of NCT of Delhi & Anr (Delhi High Court) In a Complaint under Section 138 read with Section 142 of the NI Act a person cannot avoid liability by merely stating that owing to his age he is unable to manage the affairs of the company It is not […]
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 […]
