AI Overview...
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Constitutional Validity of Sections 138 to 142 - The courts have consistently upheld the constitutional validity of Sections 138 to 142 of the Negotiable Instruments Act, 1881, which pertain to penalties for dishonor of cheques due to insufficient funds. Multiple judgments confirm that these provisions are not ultra vires and do not violate fundamental rights under Articles 14 and 21 of the Constitution. RAJINDER STILS LIMITED VS UNION OF INDIA - Delhi, B. Mohan Krishna VS Union of India - Dishonour Of Cheque, B. Mohan Krishna VS Union of India - Andhra Pradesh, Mayuri Pulse Mills VS Union of India - Dishonour Of Cheque, Mayuri Pulse Mills and others VS Union of India and others - Dishonour Of Cheque
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Validity of Section 143A - The challenge to Section 143A, which deals with interim compensation in cheque bounce cases, has been examined, but its validity remains under scrutiny. The courts have not conclusively declared it unconstitutional, indicating ongoing judicial evaluation. George Mathew, Vrindavan House (Puthenpurayil) VS T. A. M. Pookkoya Thangal, S/o. Akkottu Maliyekal Attakkoya Thangal - Kerala
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Legal and Constitutional Rationale - The courts have emphasized that provisions like Sections 138 and 140 serve legitimate state interests, including protecting the banking system and ensuring financial discipline, and are therefore constitutionally sustainable. Challenges based on alleged violations of Articles 14 and 21 have been rejected, affirming that these provisions are reasonable restrictions within the scope of the Constitution. Mayuri Pulse Mills and others VS Union of India and others - Bombay, Ramawati Sharma VS Union of India - Crimes
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Overall Conclusion - The judiciary has largely validated the constitutional standing of the key provisions of the Negotiable Instruments Act, 1881, especially Sections 138 to 142, affirming their enforceability and constitutionality in the context of criminalizing dishonor of cheques. The act's amendments and specific sections like 143A are still subject to judicial review, but the core provisions have been upheld as constitutionally valid.
Search Results for "Constitutional Validity of the Negotiable Instruments Act 1881"
1999 0 Supreme(Del) 1075 • India - Delhi
Final Decision: The Court upheld the constitutional validity of Sections 138 to 142 of the Negotiable Instruments Act, 1881 ... NEGOTIABLE INSTRUMENTS ACT - Dishonour of Cheque - Constitutional Validity of Sections 138 to 142 - Whether ultra vires to the ... Fact of the Case: Petitioners challenged the constitutional validity of Sections 138 to 142 of the Negotiable ....
2020 0 Supreme(Ker) 59 • India - Kerala
S.MANIKUMAR, SHAJI P.CHALY
- Whether merely on the basis of a challenge made to the constitutional validity of Section 143A of the Negotiable Instruments Act ... Negotiable Instruments Act, 1881- Section 143A - Validity of Section 143A of the Act is under challenge ... • Whether merely on the basis of a challenge made to the constitutional validity of Section 143A of the Negotiable ... The question to be ....
• India - Dishonour Of Cheque
M.N.RAO, S.V.MARUTHI
Instruments Act, 1881, challenged the constitutional validity of the provisions of Chapter XVII of the Act (sections 138 to 142), ... which were inserted by section 4 of the Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, ... NEGOTIABLE INSTRUMENTS ACT - SECTIONS 138 TO 142 - PENALTIES IN CASES OF DISHONOUR OF CERTAIN CHEQUES FOR INSUFFICIENCY OF FUNDS ... inserted by section....
1994 0 Supreme(AP) 10 • India - Andhra Pradesh
M.N.RAO, S.V.MARUTHI
Instruments Act, 1881, challenged the constitutional validity of the impugned provisions. ... Finding of the Court: The Court upheld the constitutional validity of the impugned provisions, holding that: 1. ... NEGOTIABLE INSTRUMENTS ACT - SECTIONS 138 TO 142 - PENALTIES IN CASES OF DISHONOUR OF CERTAIN CHEQUES FOR INSUFFICIENCY OF FUNDS ... inserted by section 4 of the Banking, Public Financial Institutions and Negotiable #HL_STA....
• India - Dishonour Of Cheque
S.K.PHAUJDAR, J.C.MISHRA
constitutional validity of provision - Vires of penal provision challenged with regard to Arts. 14 and 21 of the Negotiable Instruments Act, 1881 - Section 138 - Writ challenging ... A promissory note, according to Section 4 of NI Act, is an instrument in writing (not being a bank note or a currency note) containing ... Misra, J. - The basic prayer in both these writ petitions cover the constitutional validity of S....
• India - Crimes
S.K.PHAUJDAR, J.C.MISHRA
Negotiable Instruments Act, 1881 - Section 138 - Writ challenging constitutional validity of provision - Vires of penal provision ... A promissory note, according to Section 4 of NI Act, is an instrument in writing (not being a bank note or a currency note) containing ... Act. ... Misra, J. - The basic prayer in both these writ petitions cover the constitutional validity of Section 138 of the #HL_....
1994 0 Supreme(Bom) 574 • India - Bombay
R.M.LODHA, M.B.GHODESWAR
(i) Negotiable Instruments Act, 1881 Sections 138,139,140 and 141- Constitutional validity - Challenged as ultra vires and violative ... (Para 15) ... (ii) Negotiable instruments Act, 1881 Sections 138 & 140 ... As stated above, the offence under section 138 of the N.I. ... ---Constitutional validity of sections 138, 139, 140 and 141 in Chapter XVII of the Negotiable#HL....
• India - Crimes
R.M.LODHA, M.B.GHODESWAR
(i) Negotiable Instruments Act, 1881 Sections 138,139,140 and 141- Constitutional validity - Challenged as ultra vires and violative ... (Para 15) ... (ii) Negotiable instruments Act, 1881 Sections 138 & 140 ... As stated above, the offence under section 138 of the N.I. ... . - Constitutional validity of sections 138, 139, 140 and 141 in Chapter XVII of the Negotiable#H....
• India - Dishonour Of Cheque
R.M.LODHA, M.B.GHODESWAR
139,140 and 141- Constitutional validity - Challenged as ultra vires ... (i) Negotiable Instruments Act, 1881 Sections 138,Thus we find that in enacting section 140 of the N.I. Act there is nothing legally or morally wrong or constitutional anathema in such an embargo as provided in section 140 and, therefore, we hold that sections 138 and 140 of the N.I. Act are constitutionally valid. ... Section 138 of the #HL_S....
• India - Dishonour Of Cheque
M.B.GHODESWAR, R.M.LODHA
139,140 and 141- Constitutional validity - Challenged as ultra vires ... (i) Negotiable Instruments Act, 1881 Sections 138,a href=act:359 ... As stated above, the offence under section 138 of the N.I. ... ---Constitutional validity of sections 138, 139, 140 and 141 in Chapter XVII of the Negotiable instruments Act, 1881 (for short "the N.I. .......
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