<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>1990 (11) TMI 429 - CALCUTTA HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=302972</link>
    <description>Specific averments that company officers were in charge of and responsible for the day-to-day conduct of the business were sufficient to disclose a prima facie case of vicarious liability under Section 138 of the Negotiable Instruments Act, 1881. The complaint also pleaded issuance and timely presentation of the cheque, its dishonour with the remark &quot;refer to drawer&quot;, service of notice, and failure to pay within the statutory period. On those allegations, it was premature to hold that no offence was made out, and the defence could be examined only at trial. The complaint was therefore maintainable and the proceedings were permitted to continue.</description>
    <language>en-us</language>
    <pubDate>Tue, 13 Nov 1990 00:00:00 +0530</pubDate>
    <lastBuildDate>Mon, 27 Jun 2022 12:44:02 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=683262" rel="self" type="application/rss+xml"/>
    <item>
      <title>1990 (11) TMI 429 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=302972</link>
      <description>Specific averments that company officers were in charge of and responsible for the day-to-day conduct of the business were sufficient to disclose a prima facie case of vicarious liability under Section 138 of the Negotiable Instruments Act, 1881. The complaint also pleaded issuance and timely presentation of the cheque, its dishonour with the remark &quot;refer to drawer&quot;, service of notice, and failure to pay within the statutory period. On those allegations, it was premature to hold that no offence was made out, and the defence could be examined only at trial. The complaint was therefore maintainable and the proceedings were permitted to continue.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Tue, 13 Nov 1990 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=302972</guid>
    </item>
  </channel>
</rss>