Authorised signatory cannot be treated as Drawer of cheque for the purpose of interim compensation for dishonour of cheque: Bombay High Court Observes that the 'drawer' cannot be interpreted to...
Supreme Court: Standard of proof for rebutting the presumption U/S 139 of NI Act is that of preponderance of probabilities The Supreme Court by its division bench comprising of Justices B.R. Gavai...
Kerala High Court: complainant under NI Act must prove power of attorney holder knew of impugned transaction Allows the Criminal Miscellaneous Case by reverting the grievance back to the...
S.138 NI Act: When a complainant is duly compensated, his consent is not necessary for compounding case: Himachal Pradesh High Court The Himachal Pradesh High Court has held that it can compound a...
Putting Date On Cheque Without Drawer's Consent Renders it Void : Bombay High Court Rules it is imperative to have a mutual agreement before taking any such action The Bombay High Court has...
PF org. for attachment of bank account of CD cannot be continued during Moratorium period: NCLAT, Chennai Bench The National Company Law Appellate Tribunal ("NCLAT"), Chennai Bench, has held that an...
No offence under S. 138 NI if cheque is presented for full amount without endorsing part payment: Supreme Court In an appeal against the judgement of the Gujarat High Court, the Supreme Court held...
Delhi High Court rules on complaint notice under Negotiable Instruments Act It failed to find any illegality in the impugned order passed by the Additional Sessions Judge The Delhi High Court...
Supreme Court rules on Negotiable Instruments Act It upheld the judgment of the Delhi High Court The Supreme Court has rejected an appeal to quash the proceedings under the Negotiable...
Dishonour of cheque as security an offence: Supreme Court The rule applies when the debt is not recoverable and the cheque has not matured In a significant judgment, the Supreme Court has ruled...
Supreme Court: 'Burden of proof' on Accused Under NI Act that Cheque was not Issued against any debt or liability The Supreme Court (SC) on 9 March 2021, in the case titled Sumeti Vij (Appellants-...
Supreme Court: Joint Liability wouldn't make a person Liable u/s 138 of NI Act Unless Cheque is Drawn from Jointly Maintained Account The Supreme Court of India (SC) noted in Alka Khandu Avhad...
