Supreme Court of India
Goaplast Pvt. Ltd. v. Shri Chico Ursula Dsouza and Anr.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
5 Supreme Court benches have cited this judgment.
What the Court ordered
We hold that Section 138 of the Negotiable E Instruments Act will be attracted in the facts of the case.
Judgment, page 9
From the headnote
Negotiable Instruments Act, I 881-Sections I 38, I 39 and Chapter XVI/ Post dated cheques-Payment of-Countermanding payment of the same Whether would attract the penal provision of Section I 38-Held, once a cheque is issued a presumption under Section I 39 must follow-Jn yiew of the presumption and the object of Chapter XVII, countermanding payment of post dateq cheques would not preclude an action .under Section I 38.…
Authorities it was built on
Where later benches applied it
- 2021 P. Mohanraj & Ors. v. M/s. Shah Brothers Ispat Pvt. Ltd.
- 2016 Sampelly Satyanarayana Rao v. Indian Renewable Energy Development Agency Limited
- 2012 M/s. Laxmi Dyechem v. State of Gujarat & Ors.
- 2012 Aneeta Hada v. M/s. Godfather Travels & Tours Pvt. Ltd.
- 2003 Goa Plast (p.) Ltd. v. Chico Ursula Dsouza
Of those, 3 relied on · 1 referred to · 1 mentioned
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