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Search Results Judgments > Phrase:Negotiable Instrument Act, 1881

Mar 06 2013

Negotiable Instruments Act,1881 be ordered to run concurrently. Vs. Un ...

  • Decided on : 06-Mar-2013

Court : Punjab and Haryana

... 2012 in Criminal Revision No.3854 of 2012 praying that sentence in two separate complaints under Section 138 of the Negotiable Instruments Act,1881 be ordered to run concurrently. The petitioner Baljit Singh has been convicted in two complaints under Section 138 of the Negotiable Instruments Act, 1881; one filed by Harpal Singh and another filed by Dalip Singh pertaining to two different cheques of Rs.2.60 ... in convictions and sentences under Section 138 of the Negotiable Instruments Act, 1881. Madhya Pradesh High Court in Shafiq son of Jahur Ahmed v. State of M.P.and another 2010(2) R.C.R.(Criminal) 95 has followed the judgment of Apex Court in Madan Lal's case in convictions under Section 138 of the Negotiable Instruments Act, 1881 and ordered sentences in two cases to run ... said two complaints could be ordered to run concurrently. The legal position in context of provision of Section 427 Cr.P.C.and its applicability to convictions in cases under Negotiable Instruments Act, 1881 is no longer res-integra as in State of Punjab versus Madan Lal 2009(2) R.C.R.(Criminal) 602, Hon'ble the Apex Court had an opportunity to consider ...

Mar 28 1958

Heerachand Vs. Jeevraj and Anr.

  • Decided on : 28-Mar-1958

Court : Rajasthan

Reported in : AIR1959Raj1

... even where the Act was not applicable. I may in this connection refer to Kanhyalal v. Ramkumar, AIR 1956 Raj 129 (B), to which I was a party.That was a case of the former State of Bikaner where also the Act was not in force. It was held in that case that the provisions of the Negotiable Instruments Act 1881 in terms ... in section 118 of the Negotiable Instruments Act is a technical provision which can come into play only where the Negotiable Instruments Act is in force or it is a matter of principle based on general considerations as to negotiability of certain instruments, and effect should as a matter of law be given to it, irrespective of the consideration whether the Negotiable Instruments Act as such may or ... in Section 118 of the Negotiable Instruments Act is a technical provision which can come into play only where the Negotiable Instruments Act is in force or it is a matter of principle based on general considerations as to negotiability of certain instruments, and effect should as a matter of law be given to it, irrespective of the consideration whether the Negotiable Instruments Act as such may or ... play only where the Negotiable Instruments Act is in force or it is a matter of principle based on general considerations as to negotiability of certain instruments, and effect should as a matter of law be given to it, irrespective of the consideration whether the Negotiable Instruments Act as such may or may not have been in force at the time the instrument was executed or ...

Feb 08 1956

Abdul Shakur and Ors. Vs. Kotwaleshwar Prasad and Ors.

  • Decided on : 08-Feb-1956

Court : Allahabad

Reported in : AIR1956All403

... circumstances are shown to exist which make it doubtful that consideration passed under the negotiable instrument. Desai, J.36. The following two questions have been referred to a Pull Bench:--1. Whether the presumption mentioned In Clause (a) of Section 118, Negotiable Instruments Act, 1881, can be invoked in insolvency proceedings where as alleged debt against the insolvent ... of Section 115, Negotiable Instruments Act, 1881, can be invoked in insolvency proceedings where an alleged debt against the insolvent is called in question by the official receiver or by a creditor or by the insolvent? '2. If it can be invoked, would circumstances tending to make it doubtful that consideration passed under the negotiable instrument, even though coupled ... of Section 118, Negotiable Instruments Act, 1881, can be invoked in insolvency proceedings where an alleged debt against the insolvent is called in question by the official receiver or by a creditor or by the insolvent? 2. If it can be invoked, would circumstances tending to make it doubtful that consideration passed under the negotiable instrument, even though coupled ... of Section 118, Negotiable Instruments Act, 1881, can be invoked in insolvency proceedings where as alleged debt against the insolvent is called to question by the official receiver or by a creditor or by the insolvent? 2. If it can be invoked, would circumstances tending to make it doubtful that consideration passed under the negotiable instrument, even though coupled ...

Aug 07 2012

M/s. Abraham Memorial Educational Trust and Others Vs. C. Suresh Babu

  • Decided on : 07-Aug-2012

Court : Chennai

... offences under Section 138 of the Negotiable Instruments Act on the file of the learned Judicial Magistrate (Fast Track Court), Hosur.) Common Order 1. Whether a Public Charitable Trust is a juristic person and a company in terms of Section 141 of the Negotiable Instruments Act, 1881 is the issue involved in these ... 138 of the Negotiable Instruments Act. (ii) A Trust, either private or public / charitable or otherwise, having either a single trustee or two or more trustees, is a company in terms of Section 141 of the Negotiable Instruments Act. (iii) For the offence under Section 138 of The Negotiable Instruments Act, committed by the ... Negotiable Instruments Act. A Trust is competent to issue cheques drawn as against the account maintained by the Trust. Thus, the Negotiable Instruments Act has recognised a Public Charitable Trust as a person capable of contracting and that is why the banking institutions, the Government and the customers have recognised such a Public Trust as a juristic person. Thus, Section 26 of the Negotiable Instruments Act ... Negotiable Instruments Act. 45. To illustrate, we may refer to Section 10 of the Essential Commodities Act, 1955, Section 25 of the Contract Labour (Regulation and Abolition) Act, 1970, Section 22-C of the Minimum Wages Act, 1948, Section 33 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 85 of the Information Technology Act, 2000, Section 149 of the Electricity Act ...

Apr 28 1971

Jaikumar Shivlal Shah and Ors. Vs. Motilal Hirachand Gandhi and Anr.

  • Decided on : 28-Apr-1971

Court : Mumbai

Reported in : AIR1973Bom27; (1972)74BOMLR174; ILR1972Bom816; 1972MhLJ405

... Negotiable Instruments Act, 1881, or the Section 2(22) of the Indian Stamp Act did not undergo any change even after Section 13 of the Negotiable Instruments Act was amended by the amending Act 8 of 1919. The result, therefore, is that even after the amendment of the Negotiable Instruments Act, 1881, by the amending Act 8 of 1919, ever promissory note which is a promissory note under Section 4 of the Negotiable Instruments Act, 1881 ... Negotiable Instruments Act was amended by the amending Act 8 of 1919. The result, therefore, is that even after the amendment of the Negotiable Instruments Act, 1881, by the amending Act 8 of 1919, ever promissory note which is a promissory note under Section 4 of the Negotiable Instruments Act, 1881, is also a promissory note for the purposes of the Indian Stamp Act ... negotiable instrument or not for the purposes of Section 13 of the Negotiable instruments Act. This decision, therefore, is of no assistance to the respondents. The most that it shows is this must only that in view of the amendment of the Negotiable Instruments Act, 1881, by the amending Act 8 of 1919, the instrument, Ex. 1, in this case became a negotiable Instrument ...

Jul 31 2012

Mr.M.Palanichamy. Vs. Union of India And Ors.

  • Decided on : 31-Jul-2012

Court : Chennai

... 24, 1993. The company, on receipt of the memo of dishonour, issued through their counsel a notice dated June 1, 1993, under section 138(b) of the Negotiable Instruments Act, 1881 (Act No. 26 of 1881-for short "the Act"), calling upon the firm to honour its commitments within fifteen days of the receipt of the notice. Individual notices were sent to the firm, as well as ... . 15. Before adverting to the facts of this case, this Court deems it fit to have a cursory look at some of the relevant provisions of the Negotiable Instruments Act and the Code.Section 138 of the Negotiable Instruments Act, 1881 138. dishonour of cheque for insufficiency, etc., of funds in the account. Where any cheque drawn by a person on an account maintained by him with ... of 1997 under section 138 read with section 141 of the Negotiable instruments Act, 1881, whereby, the prayer of the petitioners-accused persons was to discharge them, under section 258 of the Code of Criminal Procedure and it was rejected on contest. The complainant-O.P. being a limited company under the Companies Act, 1956 had its registered office at 24, Part Street, Calcutta-700 ... Section 138 of the Negotiable Instruments Act, 1881? (b) Does such bank mean the bank of the drawer of the cheque or covers within its ambit any bank including the collecting bank of the payee of the cheque? (c) To which bank the cheque is to be presented for the purposes of attracting the penal provisions of Section 138 of the Act? 17. The three ...

Sep 24 2008

Umiya Pipe Private Limited a Company Incorporated Under and 2 Ors. Vs. ...

  • Decided on : 24-Sep-2008

Court : Gujarat

Reported in : (2009)1GLR312

... Negotiable Instruments Act, 1881, the starting point of limitation as contemplated under Sub Clause (c) of the proviso to Section 138 of the Negotiable Instruments Act, 1881 would be immediately after completion of fifteen days of receipt of the notice served under Section 138 of the Negotiable Instruments Act, 1881. Considering Section 138 of the Negotiable Instruments Act, 1881 a person is deemed to have committed an offence under Section 138 of the Negotiable Instruments Act, 1881 ... , the impugned complaint under Section 138 of the Negotiable Instruments Act, 1881 has been filed before the learned trial Court on 09/02/2007. It is submitted that as per Section 138 of the Negotiable Instruments Act, 1881, complaint under Section 138 of the Negotiable Instruments Act, 1881 is maintainable where a cheque has been ... Negotiable Instruments Act, 1881 would start from the date of receipt of the reply to the notice by the respondent-original complainant under Section 138 of the Negotiable Instruments Act, 1881, by the applicants-original accused. It is submitted that in the present case, reply sent by the applicants to the notice under Section 138 of the Negotiable Instruments Act, 1881 ... the proviso in Sub-clause (b) of Section 142 of the Negotiable Instruments Act, 1881 and, therefore, it is submitted that the impugned complaint is barred by limitation as provided under Section 142 of the Negotiable Instruments Act, 1881 and, therefore, the same deserves to be quashed and set aside.7. ...

Aug 10 1994

Mayuri Pulse Mills and others Vs. Union of India and others.

  • Decided on : 10-Aug-1994

Court : Mumbai

Reported in : 1996(5)BomCR348; (1994)96BOMLR953; [1996]86CompCas121(Bom)

... Negotiable Instruments Act, 1881. In exercise of its legislative power under entries 45 and 46 of List I of the, Seventh Schedule to the Constitution of India. 7. It may be observed that sections 138 to 142 of the Negotiable Instruments Act, 1881, were enacted and Chapter XVII was inserted in the Negotiable Instruments Act, 1881, by the Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act ... Negotiable Instruments Act, 1881, are unreasonable and, therefore, violative of article 14 of the Constitution of India. Learned counsel submitted before us that section 140 of the Negotiable Instruments Act, 1881, takes away a very important right of defence of the accused in a prosecution for an offence under section 138 of the Negotiable Instruments Act, 1881, and that by itself makes the provisions contained in sections 138 and 140 of the Act ... Negotiable Instruments Act, 1881, is sufficient for commission of crime under section 138 of the Negotiable Instruments Act, 1881, and it is not material whether he had reason to believe when he issued the cheque that the cheque may not be dishonoured on presentment. For an offence under section 138 of the Negotiable Instruments Act, 1881 ...

Jan 20 1936

(Firm) Mangal Sen-Jai Deo Prasad and Ors. Vs. Ganeshi Lal and Ors.

  • Decided on : 20-Jan-1936

Court : Allahabad

Reported in : AIR1936All396

... Negotiable Instruments Act, 1881' (Act 26 of 1881) states that nothing in that Act contained affects any local usage relating to any instrument in an oriental language, unless such usages are excluded by any words in the body of the instrument which indicate an intention that the legal relations of the parties thereto shall be governed by that Act and ... hundi' is not a negotiable instrument. It may be that a Shahjog hundi is not a bill of exchange and, therefore, not a negotiable instrument within the Negotiable Instruments Act; but it may, nevertheless, be a negotiable instrument because it is a document in vernacular, which is not dealt with by the Indian Negotiable Instruments Act of 1881.18. No case has ... negotiable instrument within the Negotiable Instruments Act; but it may, nevertheless, be a negotiable instrument because it is a document in vernacular, which is not dealt with by the Indian Negotiable Instruments Act of 1881.18. No case has been cited before us in which it may have been held by any of the High Courts in India that a 'Shahjog hundi' was not a negotiable instrument ... Act does not govern the hundis or documents in vernacular, the hundi may not come within the definition of 'bill of exchange' as given in Section 5, Negotiable Instruments Act, and yet it may be a negotiable instrument because negotiability of such documents has been recognized in India.19. In Krishnashet v. Hari Valji (1896) 20 Bom 488, it was held that the Negotiable Instruments Act (26 of 1881 ...

Mar 01 2000

S.G. Pandalai Vs. Jacob C. Alexander and Anr. and State of Kerala and ...

  • Decided on : 01-Mar-2000

Court : Kerala

Reported in : [2002]108CompCas841(Ker); 2000CriLJ2155

... Act being a special offence specifically created by amendment of the Negotiable Instruments Act very recently, in order to attract the criminal liability under Section 138 of the Negotiable Instruments Act, the ingredients of Section 138 of the Negotiable Instruments Act should be satisfied, is also not sustainable, since it is clear from the Negotiable Instruments Act that the provisions of Section 27 of the Negotiable Instruments Act ... Negotiable Instruments Act very recently, in order to attract the criminal liability under Section 138 of the Negotiable Instruments Act, the ingredients of Section 138 of the Negotiable Instruments Act should be satisfied, is also not sustainable, since it is clear from the Negotiable Instruments Act that the provisions of Section 27 of the Negotiable Instruments Act are applicable to civil as well as criminal liabilities under the Act ... Negotiable Instruments Act is applicable only with regard to civil liability and Section 138 of the Act being a special offence specifically created by amendment of the Negotiable Instruments Act very recently, in order to attract the criminal liability under Section 138 of the Negotiable Instruments Act, the ingredients of Section 138 of the Negotiable Instruments Act should be satisfied, is also not sustainable, since it is clear from the Negotiable Instruments Act ...

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