Mr. Justice Sanjay Karol

Once a probable defence is established on the part of the accused, the burden again shifts upon the complainant to now establish his case beyond a reasonable doubt, under Negotiable Instruments Act, 1881 (NI Act) – N. Vijay Kumar Vs. Vishwanath Rao N. – Supreme Court

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Once a probable defence is established on the part of the accused, the burden again shifts upon the complainant to now establish his case beyond a reasonable doubt, under Negotiable Instruments Act, 1881 (NI Act) – N. Vijay Kumar Vs. Vishwanath Rao N. – Supreme Court Read Post »

To maintain a complaint and to frame a charge under Section 138 of the NI Act, there must be a specific averment against the person concerned that he was in-charge of, and responsible for the company concerned in the matter of conduct of its business – Ravi Dhingra Vs. State of NCT of Delhi and Anr. – Supreme Court

The law enunciated in the decision in Ashok Shewakramani & Ors. Vs. State of Andhra Pradesh & Anr. (2023) ibclaw.in 87 SC is that to maintain a complaint and to frame a charge under Section 138 of the NI Act, there must be a specific averment against the person concerned that he was in-charge of, and responsible for the company concerned in the matter of conduct of its business. This position is now well settled and is being followed with alacrity.

To maintain a complaint and to frame a charge under Section 138 of the NI Act, there must be a specific averment against the person concerned that he was in-charge of, and responsible for the company concerned in the matter of conduct of its business – Ravi Dhingra Vs. State of NCT of Delhi and Anr. – Supreme Court Read Post »

Can application under Section 9 of the IBC be rejected due to pendency of civil suit in the Negotiable Instruments Act, 1881? – Palaparty Abhishek Vs. Binjusaria Ispat Pvt. Ltd. and Anr. – Supreme Court

Login with GoogleOR Username Password Remember Me     Forgot Password 12,000+ Judgments in Insolvency Law Reported by IBC Laws

Can application under Section 9 of the IBC be rejected due to pendency of civil suit in the Negotiable Instruments Act, 1881? – Palaparty Abhishek Vs. Binjusaria Ispat Pvt. Ltd. and Anr. – Supreme Court Read Post »

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