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https://www.lawyersclubindia.com/experts/Complaint-u-s-138-is-dismissed-for-default-249356.asp
Nov 15, 2011 · 15 November 2011 Respected experts, Complaint u/s 138 was filed before JMFC and same has been dismissed because of complainant failed to present before Hon'ble JMFC court for Verification (3 times)because of complainant was out of station for his business work.
https://www.lawyersclubindia.com/forum/Remedy-for-a-case-u-s-138-N-I-Act-dismissed-for-default--88668.asp
Dec 03, 2013 · Remedy for a case u/s 138 N. I. Act. - dismissed for default. On 17 September 2013 15 Replies ... Complaint filed show cause, I/C Barasat PS directed to execute W/A. Copy of order be sent to Addl. S.P. (North), Fixed 12.12.11 for W/A.
https://indiankanoon.org/doc/2115628/
11. Here in the present case the petition has been dismissed in default for non prosecution U/S 256 (1) of Cr P C . In the present case summons were issued and case was fixed for appearance of accused but he has not appeared and a process U/S 82 C P C was initiated against the accused/ respondent.
https://zulfiqarlegal.blogspot.com/2012/11/leading-cases-in-us-138-n-i-act.html
Nov 26, 2012 · Leading cases in U/S 138 N.I.Act ( Negotiable Instruments Act ) ... DJ can restore the case dismissed for default - complaint dismissed for default. The JM becomes functus officio and complaint cannot be restored. However DJ can restore, if counsel immediately represent after dismissal. 2001 Crl.L.J.2821. Kar.
http://lawmirror.com/search/search.php?q=restoration%20%20u/s138%20of%20niact&sel=headnote&page=1
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Dismissal of complaint in default - Magistrate cannot order restoration of complaint even if complainant shows very good reasons for his failure to be present on the date of dismissal of complaint - The only remedy available to the complainant is to approach High Court u/s.....
https://indiankanoon.org/doc/148139477/
The challenge in the present revision petition filed by original complainant is to the impugned order dated 05.10.2018 passed by Ms. Pooja Aggarwal, Ld. MM04, NorthWest, Rohini Courts in original complaint case CIS No.14018/2016 titled as "Sandeep Kumar Vs Hardeep Kapoor" for offence u/s 138 NI Act, whereby the original complaint was ...
https://www.linkedin.com/pulse/criminal-proceedings-dismissed-default-appearance-can-shama-sinha
Sep 10, 2015 · Criminal proceedings dismissed in default for appearance can be restored-no Bar of 362 CrPC ... power to revive a complaint in a warrant case which …
https://www.livelaw.in/top-stories/section-138-ni-act-delay-in-filing-complaint--145053
May 14, 2019 · The Supreme Court has observed that cognizance of a complaint filed under Section 138 of the Negotiable Instrument Act can be taken by the court even after the prescribed period, if the ...
https://www.lawweb.in/2016/02/when-complaint-for-dishonour-of-cheque.html
Feb 25, 2016 · When complaint for dishonour of cheque should not be dismissed in default? In the present case, the complainant was not warned ... learned JMFC dismissed the complaint and acquitted the ... Whether Advocate can file complaint U/S 138 of NI Act for his fees based on percentage of decretal amount?
https://www.vakilno1.com/legal-faq/dishonour-of-cheque-section-138-of-the-negotiable-instruments-act.html
Apr 24, 2013 · i received a summons from court and complaint U/S 138 NI Act with documents. but in the complaint the complainant says that “the accused issued and handedover the cheque to the complainant”. but i have not signed any cheque and handed over to the complainant in anywhere. and on the cheque there is not my signature. and there is returning ...
http://lawmirror.com/search/search.php?q=section%20256%20crpc%20appeal%20acquittal&sel=headnote&page=1
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Complaint u/s 138 of N.I Act - Dismissed in default - Acquittal of accused - Complainant and his counsel remained absent on two adjourned dates - It is not a case of a complainant not desirous to proceed with the matter nor has he consistently remained absent despite best of opportunities having.....
http://www.unimarkslegal.com/laws-rights/cheque-bounce-case/138-ni-act-case/
The trial court took into account the testimony of the wife of the complaint in another criminal case arising under Section 138 of the N.I. Act in which she has stated that the present appellant/accused had not taken any loan from her husband.
https://www.brennancenter.org/sites/default/files/legal-work/2018-07-13-171-Plaintiffs%27%20Motion%20for%20Leave%20to%20Amend%20Complaint.pdf
, 138 S. Ct. 1916 (June 18, 2018), and lower court decisions that were issued after the briefing on Defendant’s motion to dismiss . The First Amended Complaint also incorporates facts obtained in discovery, nearly all of which the Court incorporated into its Order dated June 1, …
http://www.ctd.uscourts.gov/sites/default/files/opinions/071404.EBB_.VanEck.pdf
RULING ON THE DEFENDANT'S MOTION TO DISMISS INTRODUCTION ... See Flory v. U.S., 138 F.3d 157 (5th Cir. 1998) ... Complaint, it might possibly be dismissed for a failure of specificity regarding the Fourth Amendment allegations. But cf Federal Rules of …
http://wbja.nic.in/wbja_adm/files/20100426_CRR_588_2010_J_1.pdf
4. It is well settled when a complaint is dismissed not on merit but on default of the complainant, i.e. due to his failure to appear in Court or being represented by his lawyer OR when a complaint is dismissed without assigning any reason, a second complaint on same set of facts is always legally maintainable. 5.
https://www.nlrb.gov/sites/default/files/attachments/basic-page/node-1730/opposition_to_motion_to_dismiss_final_as_filed.pdf
The core of the State’s argument is that the complaint should be dismissed because “the Board cannot demonstrate that the operation of the Amendment poses any danger of direct injury to its legal interests.” Motion at ... 404 U.S. 138 (1971). In holding that the NLRA impliedly
https://www.taxmanagementindia.com/visitor/detail_article.asp?ArticleID=6646
Jan 27, 2016 · The trial court dismissed the applications. Therefore he preferred criminal applications before the High Court for calling for the records of the case pending in the trial court. The said applications were dismissed by the High Court. The appellant contended that the complaint filed by the power of the attorney holder were not maintainable.
http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/18-2245.Opinion.1-15-2019.pdf
Jan 15, 2019 · United States, 138 Fed. Cl. 611 ... lican form of government, trovea violation of 12r, U.S.C. § 411, and “constructive financial imprisonment,” App. 16, ... Court thus dismissed Kennedy’s complaint without preju-dice for lack of subject matter jurisdiction. Id.
https://law.justia.com/cases/federal/district-courts/new-york/nyndce/1:2016cv01490/108513/27/
Grand Jury, Sovereigns of the Court v. U.S. Congress et al Doc. 27 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK GRAND JURY, SOVEREIGNS OF THE COURT, Plaintiff, -against- 1:16-CV-1490 (LEK/DJS) U.S. CONGRESS, et al., Defendants. DECISION AND ORDER Plaintiff Grand Jury, Sovereigns of the Court commenced this action on December 14, 2016.
https://www.lawweb.in/2013/12/appeal-challenging-judgment-of.html
Dec 21, 2013 · Appeal challenging judgment of acquittal u/s 138 of NI Act will lay before High court Application seeking leave to file Appeal challenging judgment of ... Whether Advocate can file complaint U/S 138 of NI Act for his fees based on percentage of decretal amount? In the case on hand, the complainant being a practising advocate, has not proved the ...
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