NIA S. 143A – Court Cannot Struck-off The Defence On Account Of Non Payment Of 20% Of The Interim Compensation
1. Prima facie, it appears that the Court cannot struck-off the defence on account of non-payment of 20% of the...
NIA S. 138 – Jurisdiction – Court at the place where the payee maintains his account and where the cheque was intimated to have been dishonored would have jurisdiction u/s 138.
Held In view of section 142 (2)(a), inserted by Negotiable Instruments (Amendment) Second Ordinance, 2015, the court at the place...
NIA S. 138 – Amendment of complaint
Complaint filed by proprietary concern through its proprietor During pendency of trial entire running business of proprietary concern taken over...
NIA S. 142- Jurisdiction – Where the cheque is delivered for collection
Section 142(2)(a), amended through the Negotiable Instruments (Amendment) Second Ordinance, 2015, vests jurisdiction for initiating proceedings for the offence under...
NIA S. 138 – Jurisdiction – It is one thing to maintain details of loan accounts centrally by the bank, but, it is quite different to insist on such administrative modality to be used for the purpose of ousting jurisdiction of the court, which otherwise would get or to confer jurisdiction upon the Court, when in fact it did not exist.
Para2.2 The firm Sidharth Exports made a loan agreement bearing No.152532177 dated 31.07.2016 with Kotak Mahindra Bank Ltd. with personal...
NIA S. 138 – Jurisdiction
Para24. Let me give an example to understand the jurisdiction according to the amendment: "(1) 'A' holds an account with...
NIA S. 142 – “through an account”
Para 38. Thus, although the cheques issued by the accused were collected by the complainant at New Delhi and were...
NIA S. 138 – Essential Ingredients
The essential requirements to attract section 138, Negotiable Instruments Act are: (a)The cheque for an amount is issued by the...
NIA S. 138 – Validity of cheque – Enforceable debt
Cheques issued before determination of debt, before adjudication of debt if cheques are obtained – complaint not maintainable. Accused no....
NIA S. 138 – Validity of Cheque
Negotiable Instruments Act 138 held, provisions of S. 138 of Negotiable Instruments Act are enacted taking into consideration of currency...
NIA S. 138 – Object & Purpose
Para 3. The Act was enacted and Section 138 thereof incorporated with a specified object of making a special provision...
NIA S. 138 – Object & Purpose – Amendment
The Negotiable Instruments Act was amended by the Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act 1988 wherein...
NIA S. 138 – Object & Purpose – Undoubtedly, dishonour of a cheque by the bank causes incalculable loss, injury and inconvenience to the payee and the entire credibility of the business transactions within and outside the country suffers a serious setback.
The object and the ingredients under the provisions, in particular, Sections 138 and 139 of the Act cannot be ignored....
NIA S. 138 – Object & Purpose
The object of bringing Section 138 on statute appears to be to inculcate faith in the efficacy of banking operations...
NIA S. 138 – Object & Purpose
Object & Purpose: The object of this amendment Act is:, 1. To regulate the growing business, trade, commerce and Industrial...