Court : Kolkata
Reported in : AIR1944Cal196
..... to 6, bengal moneylenders act, 1933. all these acts were passed before the commencement of part 3, government of india act, 1935. these provisions, therefore, constitute the existing indian law relating to promissory notes as defined by ..... section 311 (2), constitution act. the bengal money-lenders act, 1940 (hereinafter referred to as the bengal act) was passed by the bengal legislature after the ..... section 25, provincial small cause courts act, upon the opposite parties to show cause why the order of the small cause court judge dated 5th april 1941 dismissing the small cause suit should not be set aside.2. the material provisions relating to interest on loans advanced on the basis of promissory notes are contained in sections 32 and 79, negotiable instruments act, 1881, section 3, usurious loans act, and sections 3 .....Tag this Judgment!
Court : Delhi
Reported in : 2008CriLJ1217; 2007(98)DRJ398
..... dated 14-1-2005, petitioners were summoned by the learned metropolitan magistrate to face trial in the complaint filed by the respondent m/s. springer india pvt. ltd. under section 138 of the negotiable instruments act, 1881.3. case pleaded by the complainant in the complaint is as follows:(a) petitioner company, shroff publishers and distributors pvt. ltd. issued a cheque bearing no. 144890 dated 1 ..... dishonoured cheque within the period of 15 days from the receipt of statutory notice sent by the complainant, complainant filed the present complaint under section 138 of the ni act, 1881 against petitioner company as also its directors (petitioner nos. 2, 3, 4 and 5 herein).4. apart from giving reasons why payment was stopped, petitioners plead that complainant never represented the cheque in question ..... mentioned to the note particular thing or a person. the' would thereforee refer implicitly to a specified bank and not any bank.19. a combined reading of sections 3, 72 and 138 of the act leaves no doubt that the law mandates the cheque to be presented at the bank on which it is drawn if the drawer is to be held criminally ..... from the date on which it is drawn or within the period of its validity, whichever is earlier....16. section 3 of the ni act defines the 'banker' to include any person acting as a banker and any post office saving bank.17. section 72 of the ni act provides that a cheque must, in order to charge the drawer, be presented at the bank upon which it .....Tag this Judgment!
Court : Delhi
Reported in : III(2008)BC583; 149(2008)DLT40
..... neco ltd. : 2001crilj1250 . in the said case one of the main issues was what is meant by 'the bank' as mentioned in clause (a) of the proviso to section 138 of the negotiable instruments act, 1881. the facts of the said case relied upon by the respondent was considered by the learned single judge. in the said case, i.e., shri ishar alloy steels ltd ..... . (supra) , the supreme court held that 'the bank' referred to in clause (a) of the proviso to said section 138 had reference to the drawee bank on which the cheque ..... bank' and 'the bank', there was no cause or occasion for mentioning it distinctly and differently by using two different articles. it is worth noticing that the word 'banker' in section 3 of the act is pre-fixed by the indefinite article 'a' and the word 'bank' where the cheque is intended to be presented under ..... for leave to defend. in view of the aforesaid position, it became imperative on the learned single judge to decide the aforesaid issue as a preliminary issue in the suit.3. while discharging the aforesaid responsibility cast upon him, the learned single judge considered the pleadings of the parties and also the various facets which are related to territorial jurisdiction, and .....Tag this Judgment!
Court : Kerala
Reported in : 2006(1)ALD(Cri)30; I(2006)BC489; 131CompCas474(Ker); 2005(4)KLT174
..... the petitioner herein, are the managing partner and partner respectively of the said firm and they are arrayed as accused nos. 2 and 3 respectively. the offence alleged is one punishable under section 138 of the negotiable instruments act, 1881 ('the act' for short).2. in each of the said private complaints, the complainant has inter alia alleged that the 2nd and 3rd accused who ..... the decision reported in 2004 (2) klt 634 - biju jacob v. annie mathew has observed as follows in paragraphs 2 and 3 of the decision:'2. the prosecutions are under section 138 of the negotiable instruments act. admittedly, the respondents/accused 3 to 5 are not signatories in the cheque. there is no contention that they are the managing partners of the firm on ..... observations are apposite:'against the summoning order passed by the magistrate, the respondent filed a petition under section 482 cr.p.c. after the respondent's application for discharge was unsuccessful.3. the high court invoked the provisions of section 141 of the negotiable instruments act and came to the conclusion that as the respondent was not in charge or responsible for the conduct ..... other partner and the firm. therefore, issuing cheque by a partner on behalf of firm binds other partners as well though not a signatory thereon. section 27 of n.i. act contemplated that issuing negotiable instrument by an agent binds the principal as well.4. moreover sleeping partners is a matter of fact. it requires evidence. therefore the issues could not .....Tag this Judgment!
Court : Mumbai
Reported in : 49CompCas615(Bom)
..... due course. 13. mr. sawant, learned additional government pleader, appearing for all the respondents, contended that having regard to the provisions of s. 82 of the negotiable instruments act, 1881, which provides for discharge from liability of the maker, acceptor or enforcer of a negotiable instrument, the liability can be discharged by cancellation or by release or by payment. all the parties to a ..... which show that there was compete lack of good faith in making the payment to jamnadas mody. what is good faith is not defined under the negotiable instruments act. we, therefore, can turn to the general clauses act, 1897. section 3(22) defines 'good faith'. a thing shall be deemed to be done in 'good faith' where it is in fact done honestly, whether it ..... creditors cash account and held that money is sundry account until march 11, 1972. in so far as the 'token' is concerned, the negotiable instruments act does not take this metallic piece into consideration. the act speaks of negotiable instruments so other instruments, promissory notes, bills of exchange, cheque. but not of tokens. mr. bhabha did not point out to us if the token has ..... the bone of contention leading to the present petition. the said cheque bearing no. 269 drawn by messrs. pioneer traders was a bearer cheque as understood in law under the negotiable instruments act, 1881. the word' self appears to be in the hand of the drawer. the words 'pay' or bearer 'are printed on the cheque. this cheque was presented for payment .....Tag this Judgment!
Court : Karnataka
Reported in : AIR2009Kant184; 2009CriLJ1901; ILR2009KAR439; 2009(3)KarLJ584:2009(1)KCCR426
..... note the definition of 'banker' as found in section 3 of the negotiable instruments act. the word 'banker' is defined as under:section 3: banker - banker includes any person acting as a banker and any post office savings bank.thus, the scope of 'banker' under the negotiable instruments act is so wide and enhanced that it includes any person acting as a banker. in fact, it also ..... on evaluating the material on record in proper perspective have rightly concluded that the accused has committed the offence punishable under section 138 of the negotiable instruments act.7. the presumption arising under section 139 of the n.i. act is not rebutted by the accused. it is also not in dispute that ail the necessary statutory requirements are followed by ..... ordermohan shantanagoudar, j.this revision petition is filed, by the convicted accused. the respondent is the complainant.1. the petitioner is tried for the offence punishable under section 138 of the negotiable instruments act before the learned v j.m.f.c, mangalore, in c.c. no. 11/2003. after recording the evidence and hearing the parties, the trial court ..... on behalf of the accused, two witnesses are examined, including the accused and two documents were got marked.3. as aforementioned, both the courts below have concurrently held against the accused and convicted for the offence under section 138 of negotiable instruments act. questioning both the judgments and orders, the petitioner has filed this revision petition.4. it is contended on .....Tag this Judgment!
Court : Chennai
Reported in : 134CompCas396(Mad); 75SCL280(Mad)
..... sum of rs. 2,67,400/- towards 'cheque returned charges'. paragraph 5 of his report shows that the official liquidator issued a notice under section 138 of negotiable instrument act, 1881 on 3-3-2005 by registered post with acknowledgment due to t.s.r. khannaiyann, directing him to remit to him the sum of rs. 2,67 ..... respondents. 4. one c. subramaniam, general secretary of the standard motor products india limited employees' union, a trade union registered under the trade union act, 1926 filed w.v.m.p. no. 7031/2005 for vacation of the stay granted on 23-12-2004. the very same general secretary of the ..... of thiru t.s.r. khannaiyann (6th respondent in o.s.a. no. 284/2005) has given adequate opportunity to all the other bidders? and iii) what are the directions to be issued to the official liquidator in respect of the claims of workers, lessees, creditors, etc.?10. there is no ..... employees' union has filed c.m.p. no. 7032/2005 seeking direction to the official liquidator for disbursement of rs. 6.3 crores to the workers equally subject to adjustment of the same towards final payment pending disposal of the original side appeal no.284/2004. 5. one ..... order, the company court directed the official liquidator to return all the demand drafts submitted towards e.m.d amount in respect of the other tenderers. 3. questioning the above order, nuziveedu seeds limited, hyderabad-third party applicant, filed original side appeal no. 284/2004. while admitting the appeal on 23-12 .....Tag this Judgment!
Court : Chennai
..... questioning the correctness and legality of the judgment of the learned appellate judge confirming the judgment of the trial court convicting the revision petitioner/accused for the offence under section 138 of the negotiable instruments act, 1881 (3 counts) and imposing punishment as aforesaid, the revision petitioner/accused has come forward with present criminal revision case on various grounds set out in the grounds of revision ..... one and the same trial. therefore, the revision petitioner/accused should be prosecuted for 3 counts of the offence under section 138 of the negotiable instruments act, 1881 r/w sections 141 and 142 of the said act for the said offence, each one relating to the dishonour of the above said three cheques.3. the learned judicial magistrate no.ii, thanjavur took it on file as c.c ..... order1. the accused, who was prosecuted for an offence under section 138 of the negotiable instruments act, 1881 (3 counts), convicted and sentenced to undergo simple imprisonment for six months and pay a fine of rs.2,000/- on each count of the charges, after unsuccessfully prosecuting an appeal ..... pws.1 to 3 and exs.p2 to p5, it is obvious that the cheques were returned on the ground that there was no sufficient fund in the account on which the cheques were drawn and the cheque amount exceeded the arrangement made with the banker, namely the cash credit facility. therefore the condition found in section 138 of the negotiable instruments act, 1881 that the .....Tag this Judgment!
Court : Himachal Pradesh
Reported in : 2009(2)ShimLC340
..... respondent. there are claims/allegations and counter-claims/counter allegations. the petitioners have placed on record the following documents:(i) copy of partnership deed dated 26.3.2003(ii) copy of complaint under section 138 of negotiable instruments act, 1881(iii) copy of e-mail dated 6.2.2007(iv) copy of reply addressed to income tax officer(v) copy of bank statements(vi) copy of letter ..... of a person who is not an agriculturist.24. hence, valid sale of land to a non- agriculturist is invalid. in terms of sub-section (3) of section 118 of the tenancy act, if transfer is effected in contravention of sub-section (1), the same shall be void ab initio and the land involved in such transfer shall, together with structures, buildings or other attachments ..... when the legal notice invoking clause 16, containing the arbitration clause, in the partnership deed was issued. the petitioners did not take steps for appointment of arbitrator under section 11 of the act till 20.2.2009. according to the learned counsel for the respondent, the petitioners have no intention of having the dispute resolved by way of arbitration but the present ..... to sell was entered into with the then owners. thereafter with the compliance of all formalities, necessary statutory permission under section 118 of the tenancy act, was accorded by the state government on 24.5.1999 in favour of the respondent. on 3.6.1999, sale deed was registered. to set up a hotel under the name and style of m/s snow .....Tag this Judgment!
Court : Gujarat
Reported in : (2004)1GLR805
..... , the findings of facts recorded by the national commission in appeals are not required to be disturbed in these writ petitions.16. mr. vakharia then contended that under section 31 of the negotiable instruments act, the respondent-bank was duty bound to make the payment on demand immediately and failing which it will have to pay the interest on the delayed payment. before appreciating ..... contention of learned senior advocate, mr. vakharia on the point of interest has to be rejected and accordingly it is rejected.12. mr. vakharia, then submitted that under section 3 of the interest act, the national commission wrongly set aside order passed by state commission, which rightly awarded interest to the petitioner-bank. national commission held in its judgment that the word 'may ..... ' is used under section 3 of the act, which gives discretion to the court and in a given case if the commission is satisfied then it may not award interest. i fully agree with the reasoning and ..... of notice for respondent-bank. at the joint request of the learned counsels for the parties, all these petitions are heard and decided finally by this common judgment and order.3. heard learned senior advocate mr. vakharia with ms. avani mehta for petitioner in all these matters and learned advocate general, mr. s. n. shelat with dr. hurra for respondents. .....Tag this Judgment!