AI Overview...
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Mode of Payment Not Mentioned in Agreement - When an agreement does not specify the mode of payment, parties remain liable for the payment amount, regardless of the mode used, such as cheques or cash. The absence of a specified mode does not negate liability but may influence legal interpretations of breach or compliance SAIFUDHEEN vs N.S.PILLAI - Kerala.
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Cheque as a Mode of Payment - Cheques are recognized as a valid mode of payment, and issuing a cheque implies a trust that it will be honored. However, issues arise if a post-dated cheque is countermanded before the date, which can affect the enforceability and the trust placed in such instruments Goaplast Pvt. LTD. VS Chico Ursula D'Souza - Supreme Court, Goaplast Pvt. Ltd. VS Shri Chico Ursula D’Souza - Crimes.
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Legal Principles in Dishonour of Cheques - Under the Negotiable Instruments Act, 1881, a complaint for dishonor of cheque under Section 138 requires strict compliance, including sending a statutory notice within 15 days of cheque dishonor. Payment made after receipt of such notice may not bar the complaint if the mode of payment is not explicitly addressed in the agreement Cabral & Co. VS William Rosario Fernandes - Bombay, Cabral & Co. VS William Rosario Fernandes - Dishonour Of Cheque.
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Effect of Non-Specified Mode in Agreements - Courts have held that even if the mode of payment is not specified, the parties remain liable for the agreed amount. The mode, whether cheque or otherwise, does not automatically alter the contractual liability but may influence procedural aspects of enforcement SAIFUDHEEN vs N.S.PILLAI - Kerala.
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Implications of Payment via Cheque Without Mention of Mode - When the agreement omits the mode of payment, courts focus on the intent and performance of the parties. Cheques issued without a specified mode are still valid, but disputes may arise over the validity of the instrument or the timing of payment, especially if the cheque is post-dated or countermanded LIFE INSURANCE CORPORATION OF INDIA VS ANOOP KUMAR - Consumer.
Analysis and Conclusion:
In contractual agreements lacking explicit mention of the mode of payment, parties are generally still bound to fulfill their payment obligations. Cheques are recognized as a valid mode, but issues such as dishonor, countermanding, or non-compliance with statutory notice requirements can complicate enforcement. Courts emphasize the substance of the agreement and the parties' intent rather than the absence of specified payment modes, ensuring liability remains intact despite such omissions.
Search Results for "Regarding Mode of Payment is Not Mentioned in Agreement Cheque"
2006 0 Supreme(Bom) 1414 • India - Bombay
N.A.BRITTO
Negotiable Instruments Act, 1881 - Sections 138 and 142 - Complaint for dishonour of cheque. - Payment made after receipt of notice ... within 15 days does not effect the complaint. ... Act completed Letter issued by complainant to accused makes no reference whatsoever to either of cheques which remained unpaid by ... a notice in writing, to the drawer of the cheque, within 15 days of the receipt of information by him from the bank regarding the return of the cheque i....
• India - Dishonour Of Cheque
N.A.BRITTO
The court also referred to the legal principles established in previous cases regarding the completion of the offence and the subsequent ... the Court: The court found that the accused had committed the offence under section 138 of the Act by failing to make the payment ... Issues: The issues revolved around the dishonor of the cheque, the statutory notice, and the subsequent events between the ... a notice in writing, to the drawer of the cheque, within 15 days of the receipt of information by him from the bank #HL_ST....
2015 Supreme(Online)(KER) 24433 • India - High Court of Kerala
B.KEMAL PASHA, J
payments, all parties remain liable for the agreed amount even if mode of payment fails, eliminating the need for additional legal ... Ratio Decidendi: The agreement to pay the specified amount, even through cheques, maintained the liability of all defendants ... Fact of the Case: A suit for injunction was amended to include specific performance, leading to a settlement with payment ... The other one, that is with regard to the cheques, is the mode#HL_END....
• India - Dishonour Of Cheque
JAYANANDAN SINGH
only figure of final amount payable—This is all the more necessary because, non-payment of this amount give secured creditor right ... a borrower, in exercise of its powers under Section 17—Remedy to any person, including a borrower, under Section 17 and 18 does not ... days period, for borrower to discharge in full his liability, starts running only from the date of service of such notice, and not ... Requested to regularize the accounts. - Bank asked for 25% down payment with proposal. Filed. But petitioner‘s #HL_START....
2016 0 Supreme(Guj) 908 • India - Gujarat
J.B.PARDIWALA
or agreement between parties---If there is a prima facie reason to believe that said trust is not honoured, then continuation of ... effect, yet has its own limitations – It cannot be taken recourse to for any purpose other than one mentioned in statute itself- ... – Whenever a blank cheque or postdated cheque is issued, a trust is reposed that cheque will be filled in or used according to understanding ... Since giving cheque is a mode of ....
• India - Consumer
M.A.A.KHAN, SUSHMA TANWAR
Ratio Decidendi: The court emphasized the absence of an agreement between the agent and the appellant regarding the collection ... the agent and the appellant regarding the collection of premium payments.] ... Issues: Dispute over the mode of premium payment and the creation of a contract of insurance between the parties. ... On examining the contents of this “Kutcha Receipt” we note that it mentions neither the Policy Number (as was mentioned in the FPR of the even....
2025 0 Supreme(Gau) 1478 • India - IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SUSMITA PHUKAN KHAUND
- Breach and Performance - Defendants failed to substantiate claims regarding modification of payment agreements and ownership of ... the defendants’ obligations regarding payment, and allegations of suppression of facts by the plaintiffs. ... (A) Code of Civil Procedure, 1908 - Order 20, Rule 1 - Negotiable Instruments Act - Section 138 - Dispute regarding an agreement ... However, owing to certain inconveniences regarding the mode....
2015 0 Supreme(Bom) 233 • India - Bombay
K.L.WADANE
interest to be paid on account of delay, in case, it is caused, in absence of any particular, and due to infirmity in the evidence regarding ... There was no difficulty for the complainant to clarify the situation about he payment by him to the accused from time to time. ... The complainant failed to explain how the accused was liable to repay an amount of Rs. 8,00,000/- as against the payment of Rs. 6,00,000 ... However, the record shows that there was an agreement between the parties initially in the year 1997 and the ....
2003 2 Supreme 536 • India - Supreme Court
M.B.SHAH, ARUN KUMAR
The issue is regarding payment of a post-dated cheque being countermanded before the date mentioned on the face of the cheque. ... the Act, it will shake the confidence which a cheque is otherwise intended to inspire regarding payment being available on the due ... On the faith of payment by way of a post-dated cheque, the payee alters his position by accepting the cheque. ... The issue is #HL_STA....
2003 2 Supreme 536 • India - Crimes
M.B.SHAH, ARUN KUMAR
The issue is regarding payment of a post-dated cheque being countermanded before the date mentioned on the face of the cheque. ... the Act, it will shake the confidence which a cheque is otherwise intended to inspire regarding payment being available on the due ... On the faith of payment by way of a post-dated cheque, the payee alters his position by accepting the cheque. ... The issue is #HL_STA....
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