...Section 87 of the Negotiable Instruments Act which renders a negotiable instrument absolutely void where a material alteration has ...amended by Act VIII of 1919. This document is clearly a negotiable instrument within the meaning of Explanation I to S. 13 as amended by Act VIII...of 1919. Reliance has been placed by the learned counsel for the opposite party on the case of Makhdum Baksh v. Shaukat Ali (1). That was a decision of 1915 before the Act was...

...S. 142 of the Negotiable Instruments Act and S. 190 of the Code of Criminal Procedure alleging an offence under S. 138 of the Negotiable ...Magistrates in the State of Kerala to take cognizance of the offences under S. 142 of the Negotiable Instruments Act by verifying the complaint and the documents produced by them and the ...Negotiable Instruments Act, 1881, for taking cognizance, the examination of the complainant is not necessary under S. 200 of the Cr. P.C3. When the case came up for the last...

...maintained by the Bank and is returned with the endorsement “funds insufficient”, it amounts to dishonour within the meaning of S. 138 of the Negotiable Instruments Act. S. 138...cheque under S. 87 of the Negotiable Instruments Act. In fact there is no alteration but only adding the amount and the date. There is no rule in banking business that payee's...consideration. The expression “until the contrary is proved” is relevant under S. 118 of the Negotiable Instruments Act. When the drawer of the cheque did not find any infirmity in the ch...

...S. 85 of the Negotiable Instruments Act. S. 85 says that where a cheque payable to order purports to be endorsed by or on behalf of the payee, the drawee is discharged by payment...the Negotiable Instruments Act says that the drawee of a cheque having sufficient funds of the drawer in his hands properly applicable to the payment of such cheque must pay the cheque when...money. This payment was made by a crossed cheque in favour of the official liquidator. Under S. 244-A of the Indian Companies Act the official liquidator was required to open an...

...point out that S. 81 of the Negotiable Instruments Act provides that any person liable to pay, and called upon by the holder thereof to pay, the amount due on a promissory...Instruments Act. S. 9 of the Act states that the term “holder in due course” means any person who for consideration became the possessor of a promissory note, bill of exchange or cheque if payable to...provisions of the Negotiable Instruments Act the principle of Lickbarrow v. Mason , applied. The maker of the promissory note gave of his own...

...lent to the banker on the terms that it should be repaid when called for by cheque. Foley v. Hill, and the Indian Negotiable Instruments Act, s. 31.In s. 75(1) of the Bills of Exchange...(1) of the Indian Negotiable Instruments Act provides that, where a cheque payable, to order, purports to be endorsed by or on behalf of the payee, the drawee is discharged by payment in due...:—But what was the effect of the countermand? Section 75, sub-s. (1) of the Bills of Exchange Act, 1882, says (and the Lord Justice read the words of the section). Four...

...Transfer of Property Act and will not be entitled to all the privileges of an endorsee under the Negotiable Instruments ...Lordships' attention was directed to Ss. 26, 27 and 28 of the Negotiable Instruments Act of 1881, and the terms of these sections were contrasted with the corresponding...he is limited to the remedy available on the note.”It is a fundamental principle of the law relating to negotiable instruments that no one whose name does not appear on the instrument...

...S. 138 of the Negotiable Instruments Act, mainly on the ground that a cheque, dated 2-11-1991, for a sum of Rs. 10,500, issued by the applicant, was not honoured. The learned Judicial Mag...Instruments Act, which incorporates the compounding of offences under the Negotiable Instruments Act. S. 147, thus, reads:“147. Offences to be co...in compounding the offence under S. 138 of the Negotiable Instruments Act and there was no reason for the Court to refuse permission for compounding the offence. In O.P Dholakia ...

...identified to him. Now the point has been raised, and the Rule was granted on this footing, that these two documents were negotiable instruments, and were therefore not admissible in evidence under ...exchange within the meaning of the Negotiable Instruments Act. S. 2, sub-S. 5(b) of the Stamp Act provides that a “bond” includes any instrument attested by a witness no...Negotiable Instruments Act a bill of exchange is an instrument in writing containing an unconditional order signed by the maker, directing a...

...which posited:—“Negotiable Instruments Act S. 118(a)—9. Defendants merely admitting putting of their signatures and thumb marks on blank sheet of paper, plaintiff to prove...specially when it is supported by a legal presumption under S. 118 of Negotiable Instruments Act (Act No. 26 of 1881) when the execution of the pronote and receipt was proved..., reported in AIR 1924 Nag 103 which observed:—“Evidence Act S. 101 Admission of thumb impression or signatures must be taken with its qualifications if any...

...punishable under Section 138 of the Negotiable Instruments Act. 2. None appears for the non-applicant/accused. 3. The applicants...Court while awarding sentence. Discretion be used judiciously. 4. Section 138 of the Negotiable Instruments Act reads as under :- 138...Instruments Act S. 138 - Dishonour of cheque. Compensation. Mere sentence of conviction or putting particular accused in jail will not...

...therefore of the learned Advocate to persuade me that such subsequent affixture does not constitute a material aloration under S. 87 of she Negotiable Instruments Act, S. 87...subsequently, which makes viable the promissory note otherwise legally unenforceable as such is a material alteration within the meaning of S. 87 of the Negotiable Instruments Act. 14. In the resu...an enforceable instrument in a Court of Law, is a material alteration falling within the mischief of and bit at by S. 87 of the Negotiable Instruments. Ac…. 8. The definitions of the...

...against all the defendants. Apart from Section 32 of the Negotiable Instruments Act, S. 79 of the said Act lays down that...provisions of S. 79. Negotiable Instruments Act. The contention of the learn-ed Advocate-General is apparently based on the theory of what is known as the “doctrine of occupied...negotiable promissory notes are known to the law and are recognised by the Negotiable Instruments Act. Some of the provisions...

...under S. 118(a) of the Negotiable Instruments Act has not been discharged by the defendant, can be legally supported when the learned Judge has not considered the various...Negotiable Instruments Act. S. 118 of the Negotiable Instruments Act (Act 26 of 1881) reads as follows:—“118. Presumption as to negotiable ...:“Any presumption as to quantum of consideration as distinguished from the mere existence of consideration, has to be drawn, not by virtue of S. 118, Negotiable Instruments ...

.../s 138 of The Negotiable Instruments Act, 1881, P. S. Chakeri, District-Kanpur Nagar expeditiously within a stipulated time. Learned A.G.A. has no objection to the prayer so made. This...application/petition is finally disposed of with a direction to the learned trial Court concerned to decide the Complaint Case no.1169 of 2014, u/s 138 of The Negotiable Instruments Act, 1881, P. S. Chaker... Court No. - 13 Case :- APPLICATION U/S 482 No. - 37003 of 2016 Applicant :- Vilayati Lal Lamba Opposite Party :- State Of U.P. And Another Counsel for Applicant...

...of grace or favour. Subsequently custom hardened into law and was confirmed or established as such in many countries by legislation—vide the English Bankruptcy Act, S. 14 and the Negotiable ..., S. 22. The rule of computation, where the matter is not provided for by legislation, has always been that the day upon which the negotiable paper becomes due and...the English Bankruptcy Act of 1890 in In re North Ex parte Hasluck(1) but the same principle is also applicable to contracts. According to the plea of the defendant the assured will not get 30...

...1. This petition is filed to quash Annexure A-3 complaint in the interest of justice. The prosecution under S. 138 of the Negotiable Instruments Act alleging...S. 138(b) of the Negotiable Instruments Act.3. Under S.138(b) of the Negotiable Instruments Act held that:“the payee or the holder in due course of ...character for maintaining a complaint. It creates a legal fiction. Operation of S.138 of the Act is limited by the proviso. When the proviso applies, the main section would not. Unless a notice is served in...

..., differing from the District Munsif, that S. 39 of the Negotiable Instruments Act does not apply to the case of a note and that therefore the reservation in the composition...Indian Legislature has done. S. 37 of the Negotiable Instruments Act says:“The maker of a promissory note or cheque, the drawer of a bill of exchange until...provisions of the Negotiable Instruments Act; and, as here there was—within the meaning of the ...

...counsel appearing for the petitioner would contend that the complaint itself is not in accordance with the provisions laid down in S. 138 of the Negotiable Instruments Act. A ccording to ...and the mandatory provisions laid down in S. 138 of the Negotiable Instruments Act is crystal clear that when a cheque has been issued as a security, no complaint will lie under ...S. 138 of the Negotiable Instruments Act. Therefore, no purpose will be served by permitting the Magistrate to proceed with the criminal prosecution. Therefore, it can be rightly interefe...