Dishonor of Cheque - grant of interim compensation - It is the ...

Case Laws Indian Laws

March 26, 2022

Dishonor of Cheque - grant of interim compensation - It is the discretion conferred, as the word used is “may”. - it is not that 20% has to be the interim compensation in every case. Here again the discretion is required to be exercised by the learned Magistrate as the interim compensation can vary from 1% to 20% but shall not exceed 20%. he language of Section 143A being couched with such discretion, the discretion if not exercised in a manner known to law, becomes an arbitrary action. - HC

View Source

← Previous Next →

Dishonor of Cheque - grant of interim compensation - It is the ...

Case Laws Indian Laws

March 26, 2022

You may also like:

Dishonour of Cheque - exercise of discretion rationally, by the Trial Court for award of interim compensation - The court underscores that Section 143A is directory, not...

Dishonor of Cheque - Grant of interim compensation - Although no guidelines for grant of interim compensation have been laid down in Section 143-A of the NI Act, yet it...

Dishonour of Cheque - interim compensation u/s 143-A of Negotiable Instruments Act - The Act provides the discretion to the court for granting interim compensation not...

Dishonour of Cheque - Scope of interim compensation - Liability of the Director the Company - The High Court found that Section 143A does not mandate the imposition of...

Dishonor of Cheque - grant of interim compensation - It becomes apparent that the provision of Section 143A of the NI Act, 1881 has essentially to be held to be...

Dishonor of cheque - payment of interim compensation are mandatory or directory? - the provisions of Section 143-A of the N.I. Act are directory and not mandatory - The...

The High Court addressed the issue of interim compensation u/s 143A of the NI Act, 1881 for dishonored cheques. It emphasized the need for a prima facie evaluation of...

HC dismissed a petition seeking interim compensation u/s 143A of the NI Act for dishonour of cheque. Court clarified that the power to order interim compensation is...

Dishonor of Cheque - requirement of payment of interim compensation - The remedy for failure to pay interim compensation as directed by the court is thus provided for by...

Dishonor of Cheque - recovery of interim compensation as land revenue - public demand or not - Once it is held that the interim compensation ordered under the NI Act...

Scope of the term "May" - Use of the word ‘may’ over the years is normally construed as permissive and not imperative. The words ‘may’ or ‘shall’ by their very...

Dishonor of Cheque - Requirement to deposit of the amount - the word used in Section 138 is "fine" and therefore, discretion is available to the Court under Section 148...

Dishonour of Cheque - “drawer" of the cheque - signatory of the cheque, authorized by the "Company" Thus, the signatory of the cheque, authorized by the "Company", is...

Dishonor of Cheque - insufficiency of funds - grant of 20% of the amount as interim compensation - Section 143A of the Act, 1881 - From perusal of provisions of the Act,...

Additions u/s 68 - Unexplained Cash credit found in the bank account - The provisions of s. 68 & 69 use the word may indicating discretion conferred upon the AO by the...

Quick Updates: