Just a moment...

Top
Help
Upgrade to AI Search

We've upgraded AI Search on TaxTMI with two powerful modes:

1. Basic
Quick overview summary answering your query with referencesCategory-wise results to explore all relevant documents on TaxTMI

2. Advanced
• Includes everything in Basic
Detailed report covering:
     -   Overview Summary
     -   Governing Provisions [Acts, Notifications, Circulars]
     -   Relevant Case Laws
     -   Tariff / Classification / HSN
     -   Expert views from TaxTMI
     -   Practical Guidance with immediate steps and dispute strategy

• Also highlights how each document is relevant to your query, helping you quickly understand key insights without reading the full text.Help Us Improve - by giving the rating with each AI Result:

Explore AI Search

Powered by Weblekha - Building Scalable Websites

×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

Signed cheque can revive time-barred debt under Section 25(3) Indian Contract Act; Section 482 interference not warranted

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....The HC dismissed the writ petition and upheld the revisional court's order, holding that the magistrate lawfully proceeded under the procedural mandate for complaint verification and issuance of process. The court found no perversity or jurisdictional error in retaining criminal proceedings for dishonour of cheque where a signed cheque can constitute a new, legally enforceable promise notwithstanding an earlier time-barred transaction under the Limitation Act, by operation of Section 25(3) of the Indian Contract Act; past consideration may validate such promise. Questions as to whether the underlying debt is time-barred are factual mixed issues for trial; interference under Section 482 CrPC was not warranted, and the petition was dismissed.....