AI Overview...
- APS Forex Service Private Limited - Main Points and Insights:
- The company has been involved in legal cases concerning the dishonor of cheques under Section 138 of the Negotiable Instruments Act. Multiple judgments confirm that service of legal notices in such cases is established through postal receipts and other evidence (01500048506, INDDEL00000101612, 00300047371).
- The Supreme Court in APS Forex Services Pvt. Ltd. v. Shakti International Fashion Linkers (AIR 2020 SC 945) upheld the presumption of liability upon the issuance of a cheque, emphasizing that once the cheque is presented and dishonored, the onus shifts to the drawer to prove otherwise.
- The courts have consistently held that even if the accused admits to the cheque's signature, the presumption of liability under Section 139 of the NI Act remains until rebutted (00300047371, 02100144240).
- Legal notices served via postal receipts are considered valid, and failure to make payment after notice results in criminal liability, as seen in multiple cases involving APS Forex Service Private Limited (01500048506, 00100064583).
- The company has also been involved in cases where the accused did not respond to legal notices or failed to make payments, leading to prosecution and conviction based on the presumption of guilt from the cheque's dishonor (00300047525, 02100142246).
- Analysis and Conclusion:
- APS Forex Service Private Limited has a significant legal history under the Negotiable Instruments Act, primarily revolving around the dishonor of cheques and the legal procedures for recovery.
- The courts consistently uphold the validity of legal notices served through postal methods, and the presumption of guilt in cheque bounce cases is strong, especially when the accused admits to issuing the cheque but fails to pay after notice.
- The company's involvement in multiple judgments underscores the importance of adhering to procedural requirements in cheque-related disputes and reinforces the legal framework protecting creditors in such cases (AIR 2020 SC 945, SCC Online SC 193).
Search Results for "Aps Forex Service"
2020 0 Supreme(Ker) 237 • India - Kerala
R.NARAYANA PISHARADI
In APS Forex Service Private Limited v.
2024 Supreme(Online)(DEL) 15479 • India - High Court of Delhi
HON’BLE MR JUSTICE AMIT MAHAJAN, J
petitioner’s claims regarding non-service were found to be false. ... (Paras 21, 25) ... ... (C) Legal notice - The service of legal notice was established, and the ... APS Forex Service Private Limited v. Shakti International Fashion Linkers : AIR 2020 SC 945]. 26. The Hon’ble Apex Court in the case of Tedhi Singh v. ... The service of legal demand notice also stands proved by way of postal receipts. The fact that the accused did not pay the cheque amount within 15 days of #HL_STAR....
2020 Supreme(Online)(KER) 13591 • India - High Court of Kerala
R. NARAYANA PISHARADI, J
In APS Forex Service Private Limited v.
2024 Supreme(Online)(Del) 32012 • India - IN THE HIGH COURT OF DELHI AT NEW DELHI
APS Forex Service Private Limited v. Shakti International Fashion Linkers : AIR 2020 SC 945]. 23. The Hon’ble Apex Court in the case of Tedhi Singh v. ... Savitri Security and Allied Services, which was engaged in the business of providing security guards, house maids and allied services to other establishments. It was alleged that the petitioner was responsible for the day- to-day affairs of the said firm.
2020 0 Supreme(Kar) 2166 • India - Karnataka
K.S.MUDAGAL
Forex Services Private Limited’s case referred to supra distinguishing the judgment in Basalingappa’s case referred to supra, Hon ... him to pay cheque amount within fifteen days or else to face prosecution - Whether he is an income assessee were asked – Held, in APS ... No doubt, in M.D.Thomas’s case referred to supra, in para 5 of the judgment held that service of notice on wife was not sufficient service. But in K.Bhaskaran vs. ... In support of his contentions, he relies upon the following judgments....
2022 0 Supreme(Mad) 1375 • India - Madras
G. K. ILANTHIRAIYAN
Negotiable Instruments Act - Borrowal of amount, issuance of cheque, and liability - Section 138 - Section 139 - APS Forex Services ... In support of his contention, he relied upon the Judgment of the Honourable Supreme Court of India reported in CDJ 2020 SC 172 [APS Forex Services Private Limited Vs.
2020 2 Supreme 320 • India - Supreme Court
ASHOK BHUSHAN, M.R.SHAH
Despite the service of the notice, the accused did not make the payment of the cheque amount. Therefore, the original complainant appellant herein filed the complaint before the Learned Metropolitan Magistrate. ... 3.2 It is further submitted by Learned Counsel appearing on behalf of the complainant that even at the time of framing of the charge against the accused and when his statement was recorded, the accused had admitted that he had taken services of the Foreign Exchange and Travel Card
2021 0 Supreme(Mad) 2777 • India - Madras
A.D.JAGADISH CHANDIRA
In support of his case would rely upon the judgment of the Hon'ble Apex Court in APS Forex Services Private Limited vs. Shakti International Fashion Linkers and Others reported in (2020) SCC Online SC 193. 14. ... The facts in this case are not similar to the facts in APS Forex case mentioned supra. 19. For the reasons stated above, the Criminal Revision Case stands allowed. ... In APS Forex case, the Courts have found the accused guilty since the presumption is not r....
• India - High Court of Tripura
HON'BLE MR. JUSTICE ARINDAM LODH
Sri Mohan and APS Forex Services private Limited vs. ... The respondent also had admitted that some amount was due to the complainant- APS Forex Services Pvt. Ltd. ... Forex Services Private Limited. ... I have gone through the decision of APS Forex Services private Limited (for short, “APS Forex) (supra), as relied upon by learned ... Sri Mohan, repo....
2020 0 Supreme(Kar) 1961 • India - Karnataka
K.S.MUDAGAL
compensation in pursuance of the order passed in convicting the accused for offence punishable Section of NI Act - Supreme Court in APS ... Services - International Fashion Linkers and Others1 has held that moment accused admits cheque and his signature on cheque presumption ... The Hon’ble Supreme Court in APS Forex Services Pvt. Ltd. vs.
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