International Engineering Construction And Anr Vs Union Of India And 3 Ors.
.... treated equal to one month. There cannot be any doubt that the statutory prescription contained in Section 85 of the Finance Act would prevail in any such situation. 25. It is discernible from the operative parts of the Order-in-Original dated 02.12.2024 itself, extracted above, ...
Gauhati High Court
M/s. Pandiyan Finance Vs K. Periyasamy
.... had appeared as a Witness, his evidence can be looked into for the purpose of registering the complaint in question/for issuance of process under Section 204 Cr.P.C. However, for further proceedings, a Complainant should be examined and in case of a Managing Partner or Working Partner of a Partnersh ...
MADRAS HIGH COURT
Kaleemulla Vs Rajashekar Murthy
.... g the objections of the petitioner and on hearing the parties, by the impugned order rejected the said memo by placing reliance on the decision of the Apex Court in Econ Antri Ltd. v. Rom Industries Ltd., reported in 2013(3) DCR 417 , holding that the presentation of the cheque was within the perio ...
KARNATAKA HIGH COURT
M/s. Jaimin Jewelery Exports Pvt. Ltd. Vs State of Maharashtra
.... t does not contain any assertion as to the knowledge of CW1 Vimukt Nayak in respect of the transaction in question. It is further to be noted that CW1 Vimukt Nayak had given his evidence on affidavit in terms of Section 145 of the NI Act. In paragraph 13 of the said affidavit the power of attorney C ...
BOMBAY HIGH COURT
M/s Fashion Square Vs Kamal Rajpoot (Nikku)
.... s served upon the accused by the complainant through his counsel. The accused has committed an offence punishable under Section 138 of Negotiable Instrument Act. Now after expiry of 15 days of the receipt of notice the accused has not made the payment and cause of action arises to file the present c ...
High Court Of Punjab And Haryana At Chandigarh
M/s. Kirby Building System India Limited Vs M/s. R.V. Fabricator
.... of cause of action arisen therein. In fact, subsequent to the said expression in Escorts Limited (supra), dated 17.09.2013, the Apex Court in Dashrath Rupsingh Rathod v. State of Maharashtra, 2014(3) ALT Criminal 129 observed that it is only in the accused bank, where the cheque is presented give ...
Andhra Pradesh High Court
Arunkumar Shrivastava Vs M/s T.C. Communications Pvt. Ltd.
.... llenging the order dated 7th October, 2015 summoning them as above filed revision petitions which were dismissed vide impugned order dated 25th May, 2016. Hence the present petition. 4. The grounds taken by the petitioners seeking quashing of the complaint and order summoning them are that the pe ...
DELHI HIGH COURT
Jitesh Kalra Authorized Representative Unicon Real Estats P. Ltd. Vs Gopal Dass
.... the first class shall try any offence punishable under Section 138." From a plain reading of the above section, it is manifest that a competent court can take cognizance of a written complaint of an offence under Section 138 if it is made within one month of the date on which the cause of action ar ...
DELHI HIGH COURT
Dhanesh Finance and Leasing Proprietor Accredit Distributor Pvt. Ltd. Vs Punit Ram Yadav
.... ce, 2015 (Ord. 6 of 2015), before which the first case was filed and is pending, as if that sub-section had been in force at all material times." 7. Counsel for the petitioner submits that by virtue of the amended provision, the Court at Rajnandgaon henceforth would have the jurisdiction to enter ...
CHHATTISGARH HIGH COURT
Kirti Premraaj Jain Vs Moser Baer Clean Energy Ltd.
.... r(s) are not applicable to the present facts of the case. 44. The learned senior counsel for the respondent/complainant company has submitted that instant is a case where the respondent company has made advance payment to the petitioners to purchase land and the said amount has been encashed by t ...
DELHI HIGH COURT
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