1. M. Ponnuthaiammal VS V. Alagarsamy Naicker - 14 Feb 19

- Held, According to Section 20 of Negotiable Instrument Act one of primary conditions of law is that person signing should deliver ... Negotiable Instrument Act,1881 - Section 20 - Suit for Promissory Note - Defendant borrowed a sum of from ... - Whether not admission of Plaintiff that is an inchoate instrument disprove his case about execution of Pro-Note by Defendant? ... Now, according to Section 20 of Negotiable Instrument Act, one of the primary conditions of law ... is that the person signing should deliver the instrument to another. ... Usually, an incomplete instrument is delivered for some other purpose, for example, safe

India - Madras

2. K. R. Indira VS G. Adinarayana - 09 Oct 03

In a given case if consolidated notice under Section 138 of Negotiable Instrument Act is found to provide sufficient information envisaged by statutory provision and there is specific demand for sum covered by cheque, mere fact that it was a consolidated notice may not invalidate it.

law i.e. proviso to clause (b) of Section 138 of the Act-One common notice of demand was sent by two complainants and High Court held ... ... Held : Though no formal notice is prescribed in the provision, the ... as it did not specifically contain any demand for cheque amount-Acquittal could not be interfered with. ... In essence, two doctors were trying to use instruments in fighting out a bitter legal battle and not trying to save a person fighting ... A.No. 1137/2001) and his wife, Smt. K.R. ... He further held that the accused has not committed any offence under Section 138 of the Act.

India - Supreme Court

3. Prabhakar Gones Prabhu Navelkar (Dead) Through Lrs VS Saradchandra Suria Prabhu Navelkar (Dead) Through Lrs. - 21 Aug 19

Portuguese law of extinction of remedy impliedly repealed on the Indian law namely the Contract Act, Negotiable Instrument Act becoming applicable from 1.4.1964.For challenging one of the finding and not seeking to have a different decree passed in any manner respondents are not required to file an appeal or cross objection.Law of trust did not apply to Goa under the Portuguese Rule.Established vested right like ownership can be divested only by sale or gift. Mere laches or standing by not sufficient to extinguish title.Supreme Court will not exercise its discretionary power in an appeal generated by Special Leave.

- Portuguese law of extinction of remedy - Impliedly repealed on the Indian law namely the Contract Act, Negotiable ... , Gones paid half consideration (Para 61)(d) Property law - Suriyaji and his wife undertaking to transfer ... A promissory note which is a negotiable instrument came to be executed. ... As can be seen from the facts the transaction of loan arose in the year 1978 after the contract Act and the Negotiable Instrument ... for the acquisition of property or an instrument of an exemption only from the servitude of judicial process.

India - Supreme Court

4. Aparna A. Shah VS Sheth Developers Pvt. Ltd. - 01 Jul 13

1. Under Section 138 of the Negotiable Instrument Act it is only the drawer of the cheque who can be prosecuted. 2. Under Section 138 of the N.I. Act, in case of issuance of cheque from joint accounts, a joint account holder cannot be prosecuted unless the cheque has been signed by each and every person who is a joint account holder.

P.C- Hence, this appeal by the appellant by way of special leave- The Supreme Court allowed the appeal- Held, that it is only the ... and as such her prosecution was not sustainable-The High Court rejected the petition filed under Section 482 Cr. ... P.C. in the High Court for quashing the complaint urging that since she has not issued/signed the cheque, she cannot be prosecuted ... Act, the appellant wife is being prosecuted as an association of individual. ... To put it clear, no one is to be held criminally liable for an act of another. ... It does not make all the partners liable for the offence whether they do business or not.”

India - Supreme Court

5. Indravadan Navneetlal Sheth VS State of Gujarat - 29 Jul 16

: (1) Section 118(a) raises presumption of consideration that every negotiable instrument was executed and drawn for consideration.(2) Section 139 raises the presumption that the holder of cheque received the same for discharge of any debt or other liability.

instrument was executed and drawn for consideration and that every such instrument, when it has been accepted, indorsed, negotiated ... issued it—Section 118 presumption provides that until the contrary is proved, presumption of consideration shall be made that every negotiable ... contended that in absence of any evidence regarding legal debt that may be payable by him to the complainant, the complaint is not ... merely by pleading or submitting some objections or raising some doubt upon said negotiable instrument, the holder of the negotiable ... What is material is the act of the accused in issuing Negotiable Instrument i.e. cheque ... instrument was executed and drawn for consideration and that every such instrument, when it has been accepted, indorsed, negotiated

India - Gujarat

6. K. R. Indira VS Dr. G. Adinarayana - 09 Oct 03

Important pointIn a given case if consolidated notice under Section 138 of Negotiable Instrument Act is found to provide sufficient information envisaged by statutory provision and there is specific demand for sum covered by cheque, mere fact that it was a consolidated notice may not invalidate it.

Four cheques were issued, two in the name of the husband and two in the name of the wife ... 138 of the Act were not there.

India - Crimes

7. Nachattar Singh VS Kewal Singh - 04 Mar 09

Section 118 of the Negotiable Instruments Act, 1881 attaches certain presumptions to a negotiable instrument.

Presumption attached to pronote is not rebutted—Appeal is dismissed. ... nbsp;(ii) Civil Procedure Code, 1908—Section 110—Appeal against appellate order—Held ... instrument was made before its maturity; (e) as to order of endorsements—that the endorsements appearing upon a negotiable instrument ... (g) that holder is a holder in due course—that the holder of a negotiable instrument is a holder in due course: span id= ... the contrary is proved, the following presumptions shall be made: (a) of consideration—that every negotiable instrument was made

India - Dishonour Of Cheque

8. Alliance Infrastructure Project Pvt. Ltd. VS Vinay Mittal - 18 Jan 10

When the principal amount claimed in the notice of demand is more than the principal amount actually payable to the payee of the cheque and the notice also does not indicate the basis for demanding the excess amount, such a notice cannot be said to be a legal and valid notice envisaged in Section 138(b) of Negotiable Instrument Act.

In fact, Section 56 of Negotiable Instrument Act specifically provides for an endorsement on a Negotiable Instrument, in case of ... The expression “amount of money” used in Section 138(b) of Negotiable Instrument Act, to my mind, in a case of this nature would ... Instrument Act. ... Janardan3, where it was held that the consideration for a Negotiable Instrument need not necessarily be consideration mentioned in ... Instrument Act specifically provides for an endorsement on a Negotiable Instrument, in case of part-payment and the instrument can ... The following are the components of the offence punishable under Section 138 of Negotiable Instrument Act: drawing of the cheque

India - Dishonour Of Cheque

9. Bhagava VS Kadasiddeshwara Trading Company - 01 Dec 03

A complaint u/s 138 of Negotiable Instrument Act can be prosecuted by the legal heir of complainant in case of death of the latter.

Negotiable Instrument Act, 1881—Section 138—Offence under—Payee dying—Can his legal heir proceed with the ... ... Held: Having regard to the facts and circumstances of the case and ... considered the important aspect that on the death of the payee, the criminal action under Section 138 of the Negotiable Instrument ... that the complainant himself was in possession of the instrument for consideration and as there was no material to show the passing ... filed before the learned Magistrate had been maintainable in law in view of the fact that the complainant is the payee under the instrument

India - Dishonour Of Cheque

10. S. SATHEESH, S/O. LATE K. N. SATHYAPALAN VS STATE OF KERALA - 07 Jul 21

Point of law : A claim against a firm based on a written contract by one partner in the course of business with authority to act will be held to be binding on the firm. But when such a claim is made on the strength of a promissory note or a bill of exchange, court will have to be satisfied that the negotiable instrument discloses the liability of the firm clearlyThere can be no doubt that if a partner owes any money, the creditor will be entitled to proceed against the profits that may be earned by the debtor, in his capacity as a partner of a firm or against the debtors' interest in the partnership firm

court – Whether partnership assets can be made liable for a debt allegedly owed by a partner – It is contended that nominee did not ... supply materials for work as agreed in agreement – Respondents extended time for completion of work on several occasions but did not ... towards risk and cost liability of Smt.P.Syamala – Ext.P3 proceeds on basis that Smt.P.Syamala is a partner of firm, which does not ... instrument discloses the liability of the firm clearly.” ... instrument, it is not enough if the principal's name is disclosed in some way, but it must be disclosed in such a way that by any ... Sections 19 and 22 of the Partnership Act has been considered by this Hon'ble Court in several cases, but mostly in relation to negotiable

India - Kerala