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1 - 10 of 53 (0.65 seconds)Section 138 in The Negotiable Instruments Act, 1881 [Entire Act]
Section 118 in The Negotiable Instruments Act, 1881 [Entire Act]
Hari Kishan & Anr vs Sukhbir Singh & Ors on 25 August, 1988
32. The observations made by this Court in Hari
Singh case [(1988) 4 SCC 551: 1988 SCC (Cri) 984: AIR
1988 SC 2127] are as important today as they were
when they were made and if, as submitted by Dr.
Pillay, recourse can only be had to Section 421 CrPC
for enforcing the same, the very object of sub-
Amit Kapoor vs Ramesh Chander & Anr on 13 September, 2012
(2012) 4 SCC (Civ) 687 : (2013) 1 SCC (Cri) 986] has also laid
down principles to be considered for exercise of
jurisdiction under Section 397 particularly in the context
of prayer for quashing of charge framed under Section
228CrPC is sought for as under : (Amit Kapoor case [Amit
Kapoor v. Ramesh Chander, (2012) 9 SCC 460 : (2012) 4 SCC
(Civ) 687 : (2013) 1 SCC (Cri) 986], SCC pp. 482-83, para 27)
"27. Having discussed the scope of jurisdiction under
these two provisions, i.e., Section 397 and Section 482
of the Code, and the fine line of jurisdictional
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distinction, it will now be appropriate for us to enlist
the principles with reference to which the courts
should exercise such jurisdiction. However, it is not
only difficult but inherently impossible to state such
.
Basalingappa vs Mudibasappa on 9 April, 2019
17. On the position of law, the provisions referred to in
Sections 118 and 139 of the NI Act, as also the enunciation
of law as made by this Court, need no reiteration as there
is no ambiguity whatsoever. In Basalingappav.
Mudibasappa [Basalingappa v. Mudibasappa, (2019) 5 SCC
418 : (2019) 2 SCC (Cri) 571] relied on by the learned
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27
counsel for the respondent, though on facts the ultimate
conclusion therein was against raising presumption, the
facts and circumstances are entirely different as the
transaction between the parties as claimed in the said
.