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Search Results Judgments > Act:Negotiable Instruments Act

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 ... 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 ... 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 ...

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 ... 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 ...

Feb 08 1956

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

  • Decided on : 08-Feb-1956

Court : Allahabad

Reported in : AIR1956All403

... Negotiable Instruments Act. Actually this is not a presumption which had been prescribed by the Negotiable Instruments Act only. Section 114, Evidence Act, Illustration (c) enacts:'A Court may presume a bill of exchange accepted or endorsed, was accepted or endorsed for good consideration.'The only difference between Section 114, Evidence Act and Section 118, Negotiable Instruments Act is that while the Evidence Act has used the word 'may', Section 118 Negotiable Instruments Act ... Act, Illustration (c) enacts:'A Court may presume a bill of exchange accepted or endorsed, was accepted or endorsed for good consideration.'The only difference between Section 114, Evidence Act and Section 118, Negotiable Instruments Act is that while the Evidence Act has used the word 'may', Section 118 Negotiable Instruments Act has used the word 'shall'.The inferences in the illustrations contained in Section 114: Evidence Act ... negotiable instrument was made or drawn for consideration. It gives no discretion to the Court such as that given by Section 114, Evidence Act; it can be said with good reason that the discretion conferred by Illus. (c) to Section 114, Evidence Act is withdrawn by Section 118, Negotiable Instruments Act.In a case to which both the provisions apply, the mandatory provision contained in Section 118, Negotiable Instruments Act ...

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.10. What we have now to consider is whether the hundis before us can be said to be negotiable instruments independently of the provisions of the Negotiable Instruments Act. According to the definition of a 'negotiable instrument,' after the amendment of the Act (Act 8 of 1919) a negotiable instrument ... negotiable instruments independently of the provisions of the Negotiable Instruments Act. According to the definition of a 'negotiable instrument,' after the amendment of the Act (Act 8 of 1919) a negotiable instrument means a promissory note, bill of exchange, or cheque payable either to order or to bearer. The hundis before us are not promissory notes or cheques. Nor are they bills of exchange as defined in Section 5, Negotiable Instruments Act ... negotiable instrument within the definition of Section 13, Clause (2), Negotiable Instruments Act. On the other hand in the above mentioned two Calcutta cases, it was held that such hundis were not negotiable instruments with reference to the Negotiable Instruments Act. We have pointed out that the two Calcutta cases were decided with reference to the definition of bill of exchange, as given in the Negotiable Instruments Act ...

Aug 07 2012

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

  • Decided on : 07-Aug-2012

Court : Chennai

... Section 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 ... as a juristic person for the purpose of Negotiable Instruments Act. The term person has not been defined in the Negotiable Instruments Act. Therefore, one has to again look for the definition in the General Clauses Act. Section 2(42) of the General Clauses Act defines the term 'person' as follows: "person" ...

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

... 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 where any cheque ... of the 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 ... , thereafter, 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 presented ... 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 ...

Mar 28 1958

Heerachand Vs. Jeevraj and Anr.

  • Decided on : 28-Mar-1958

Court : Rajasthan

Reported in : AIR1959Raj1

... 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 ... 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 ... 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 ... 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 ...

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 ...

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, 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 ... 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 ...

Mar 06 1959

Raghunath Prasad Vs. Mangi Lal

  • Decided on : 06-Mar-1959

Court : Rajasthan

Reported in : AIR1960Raj20

... Negotiable Instruments Act and that last portion of the definition embraced various documents which are not negotiable. It was also urged that the definition of the promissory note given in Section 4 of the Negotiable Instruments Act does provide for the negotiability of the document rather, it is Section 13 which defines the negotiable instrument.Under Section 13, promissory note is considered a negotiable instrument ... negotiable under Section 14 of the Negotiable Instruments Act. Here then is a document which satisfies all the ingredients of the definition of promissory note under Section 4 of the Negotiable Instruments Act but which the parties never intended to be negotiable by delivery. Such document cannot be a promissory note within the meaning of the Negotiable Instruments Act.It is on this reasoning that the test of negotiability ... Negotiable Instruments Act does provide for the negotiability of the document rather, it is Section 13 which defines the negotiable instrument.Under Section 13, promissory note is considered a negotiable instrument only when it is payable either to order or bearer. A promissory note which is not payable to order or to bearer cannot be taken to be negotiable instrument. Thus it was urged that negotiability ...

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