Payment to Unauthorized Agent: Debt Discharged?

Now, it was argued that the licensed retail dealer must be responsible for the acts of the persons who actually manage the tavern, and to whom he has delegated his authority; that the appellants had delegated their authority to the Fernandos, and, therefore, they must be criminally responsible for ... However, I presume the intention was to charge them with selling arrack. ... " The accused proved that they had sold this particular tavern to a third party, and that they were #HL_S....

Dishonour Of Cheque

The authority shows that even when the cheque is dishonoured by reason of stop payment instructions by virtue of Section 139 the Court has to presume that the cheque was received by the holder for the discharge, in whole or in part, of any debt or liability. ... liability at the time of presentation of cheque for encashment, then offence under Section 138 would not be made out. ... It is held that authorization must be on the date when the complaint ....

2001 8 Supreme 227

The authority shows that even when the cheque is dishonoured by reason of stop payment instructions by virtue of Section 139 the Court has to presume that the cheque was received by the holder for the discharge, in whole or in part, of any debt or liability. ... liability at the time of presentation of cheque for encashment, then offence under Section 138 would not be made out. ... It is held that authorisation must be on the date when the complaint ....

2001 0 Supreme(Raj) 1226

liability at the time of presentation of cheque for encasement, then offence under Section 138 would not be made out. ... It is held that the presumption under Section 139 is attracted in such a case also, The authority shows that even when the cheque is dishonoured by reason of stop payment instructions by virtue of Section 139 the Court has to presume that the cheque was received by the holder for the discharge, in whole ... It is held that authorisation must be on ....

2001 8 Supreme 227

The authority shows that even when the cheque is dishonoured by reason of stop payment instructions by virtue of Section 139 the Court has to presume that the cheque was received by the holder for the discharge, in whole or in part, of any debt or liability. ... liability at the time of presentation of cheque for encashment, then offence under Section 138 would not be made out. ... It is submitted that as payment of the cheques had ....

1982 Supreme(Online)(Del) 10

and discharge of the principals' liability to you. ... I fail to understand as to how this authority helps the defendant. It was nowhere held that under S.85 it could not be presumed that the person executing the power of attorney on behalf of a corporate authority had the requisite authority to execute it on behalf of that authority. ... According to S.126 of the Indian Contract Act, a 'contract of guarantee' is a contract to perform the promise, or....

Supreme Court

It is held that the absence of a complaint by a duly delegated authority is not a mere defect or irregularity which could be cureddischarge, in whole or in part, of any debt or liability. ... It is submitted that as payment of the cheques had been stopped by the drawer one of the ingredients of Section 138 was not dishonoured by reason of stop payment instructions by virtue of Section 139/p

1897 Supreme(SRI)(SC) 18

Now, it was argued that the licensed retail dealer must be responsible for the acts of the persons who actually manage the tavern, and to whom he has delegated his authority; that the appellants had delegated their authority to the Fernandos, and, therefore, they must be criminally responsible for ... However, I presume the intention was to charge them with selling arrack. ... No English case has been cited which goes that length, and I decline to extend the doctrine of constructive liabili....

2024 0 Supreme(Gau) 1214

It is stated that UPI transaction cannot be executed without registered mobile number and secret MPIN whereas, transaction through PG cannot be completed without card details and validation through One Time Password (OTP). ... Parvez, learned counsel, submits that OTP (One Time Password) is a cyber-security measure adopted by the Bank for every online transaction initiated by the customer. An OTP (One Time Password) will be generated and delivered to....

Joint tort feasors-Payment of damages by one-Pro tanto satisfaction of liability-Accord and satisfaction. A payment by one of several tort feasors to the person who has suffered damages operates as an accord and satisfaction to the extent the payment. ... I do not think this authority applies to this case because the sole question here is whether the payment by Seneviratne of Rs. 2,500 was made by Seneviratn....

2022 0 Supreme(Cal) 401

The cheque shall be returned to the bank without being paid. This cheque was sent to the bank within three months. A person must have received a cheque for payment of money to another person for the discharge of any debt or other liability.

2018 0 Supreme(AP) 140

We may refer to certain provisions of the Succession Act in this respect. It may be noted that this requires that the person demanding the amount must have right to demand the money and secondly, he must be in a position to give full discharge to the person who is to make the payment. If a person to whom payment is to be made is not in a position in law to give full discharge and indemnity for payment made, non-payment to him cannot be an offence. Section 211 speaks that the executor or administrator, as the case may be, of a deceased person is his legal representative for ....

2014 0 Supreme(All) 960

Any person committing theft and using electricity in an unauthorized manner cannot escape from the liability of making payment for the consumption. Use of electricity in unauthorized manner may also amount to theft and he may be liable to face the criminal offence. Thus, it cannot be said that there cannot be a provisional assessment in case of theft. Thus, the last submission is also devoid of any merits and is rejected.

2012 0 Supreme(Mad) 4030

From the above provisions, it is clear that the Act does not contemplate a payment of compensation by the employer to any party in person as discharge of his liability. The Labour Commissioner is expected to safeguard the interest of all the dependents of a deceased workman.

2010 0 Supreme(Bom) 120

If a person to whom payment is to be made is not in a position in law to give full discharge and indemnity for payment made, nonpayment to him cannot be an offence. It may be noted that this requires that the person demanding the amount must have right to demand the money and secondly, he must be in a position to give full discharge to the person who is to make the payment. It may be noted that this requires that the person demanding the amount must have right to demand the money and secondly, he must be in a position to give full discharge to the person who is to make the ....