This document summarizes legal provisions related to dishonored cheques under Pakistani law. It discusses what constitutes an offence for a dishonored cheque, including that the cheque must be presented within 6 months, the payee must demand payment within 30 days of notice of dishonor, and the drawer must fail to pay within 15 days of receiving notice. It also covers offences by companies, that stop payment instructions do not prevent liability, notice requirements, remedies, filing complaints, and court procedures for handling complaints.
The document discusses various aspects of bouncing of cheques such as grounds for dishonour, requirements for filing a case under Section 138 of the Negotiable Instruments Act, penalties, jurisdiction of courts, process of filing a case, stages of trial and appeal process. It provides details on who can be prosecuted for cheque bouncing, defenses available, changes made by amendments and steps involved in legal recourse for cheque dishonour.
This document discusses dishonored cheques under Section 138 of the Negotiable Instruments Act 1881 in India. It defines what a cheque is and different types of cheques. It explains that a cheque is dishonored if the bank does not credit it for reasons like insufficient funds or signature mismatch. The document outlines the 5 ingredients required for an offense under Section 138 and the legal procedure for filing a complaint, including sending a demand notice within 30 days, allowing 15 days for payment, and filing a complaint within 30 days of the cause of action. It notes the punishment for dishonoring a cheque is up to 2 years imprisonment and a fine up to twice the cheque amount. Some possible defenses in such cases are also listed.
The document discusses the roles and responsibilities of a collecting banker when handling cheque collections. It outlines that a collecting banker can act either as a holder for value or as an agent of the customer. As a holder for value, the collecting banker enjoys rights similar to a holder in due course. As an agent, the banker must take precautions to avoid liability for conversion. The document also discusses the statutory protection provided to collecting bankers under Section 131 of the Negotiable Instruments Act if they collect payment in good faith and without negligence. It provides examples of negligence and outlines various duties and precautions collecting bankers must follow.
The document discusses the laws around dishonour of negotiable instruments like bills of exchange, promissory notes, and cheques in India. It defines dishonour as non-acceptance or non-payment of obligations. A negotiable instrument can be dishonoured by non-acceptance or non-payment, with different implications for each type of instrument. The holder must give notice of dishonour and may have to get the instrument noted and protested by a notary public to establish liability of prior parties.
The document discusses the roles and responsibilities of collecting bankers and paying bankers when dealing with cheques. It outlines two options a customer has when receiving a cheque - depositing it directly or sending it to their banker for collection. It explains that a collecting banker can act as a holder for value or as an agent, and describes the conditions under which they are considered a holder for value. The duties of paying bankers to verify cheque details and ensure sufficient funds are also reviewed. Statutory protections for collecting and paying bankers are discussed if they act in good faith and without negligence.
The document discusses the roles and responsibilities of collecting bankers and paying bankers when dealing with cheques. It outlines two options a customer has when receiving a cheque - depositing it directly or sending it to their banker for collection. It explains that a collecting banker can act as a holder for value or as an agent, and describes the conditions under which they are considered a holder for value. The duties of paying bankers to verify cheque details and ensure sufficient funds are also summarized. Finally, it discusses the statutory protections provided to collecting and paying bankers if they act in good faith and without negligence.
This document provides an overview of dishonour of cheques under Indian law. It defines dishonour of a cheque as when it is returned unpaid by the drawee bank for reasons of insufficient funds or signature mismatch. There are two kinds of dishonour: non-acceptance and non-payment. Dishonour can result in legal action against the drawer, loss of negotiability of the cheque, and accrual of a cause of action if a demand notice is issued and unpaid. Dishonour becomes a criminal offense if the payee gives notice demanding payment within 15 days and payment is not made within a further 15 days. Liability on dishonour can be civil, resulting in a fine of twice the
This document outlines the administrative procedure for complaints against civil service officials and employees in the Philippines. It discusses who may initiate a complaint, the requirements for complaints, the preliminary investigation process, the respondent's right to submit a counter-affidavit, potential preventive suspension of the respondent, formal investigation hearings, and rules around final decisions and appeals. The overall process involves fact-finding, allowing the respondent to reply to charges, potential suspension during the investigation, formal hearings if needed, a final decision, and appeal options depending on the imposed penalty.
The document discusses various aspects of bouncing of cheques such as grounds for dishonour, requirements for filing a case under Section 138 of the Negotiable Instruments Act, penalties, jurisdiction of courts, process of filing a case, stages of trial and appeal process. It provides details on who can be prosecuted for cheque bouncing, defenses available, changes made by amendments and steps involved in legal recourse for cheque dishonour.
This document discusses dishonored cheques under Section 138 of the Negotiable Instruments Act 1881 in India. It defines what a cheque is and different types of cheques. It explains that a cheque is dishonored if the bank does not credit it for reasons like insufficient funds or signature mismatch. The document outlines the 5 ingredients required for an offense under Section 138 and the legal procedure for filing a complaint, including sending a demand notice within 30 days, allowing 15 days for payment, and filing a complaint within 30 days of the cause of action. It notes the punishment for dishonoring a cheque is up to 2 years imprisonment and a fine up to twice the cheque amount. Some possible defenses in such cases are also listed.
The document discusses the roles and responsibilities of a collecting banker when handling cheque collections. It outlines that a collecting banker can act either as a holder for value or as an agent of the customer. As a holder for value, the collecting banker enjoys rights similar to a holder in due course. As an agent, the banker must take precautions to avoid liability for conversion. The document also discusses the statutory protection provided to collecting bankers under Section 131 of the Negotiable Instruments Act if they collect payment in good faith and without negligence. It provides examples of negligence and outlines various duties and precautions collecting bankers must follow.
The document discusses the laws around dishonour of negotiable instruments like bills of exchange, promissory notes, and cheques in India. It defines dishonour as non-acceptance or non-payment of obligations. A negotiable instrument can be dishonoured by non-acceptance or non-payment, with different implications for each type of instrument. The holder must give notice of dishonour and may have to get the instrument noted and protested by a notary public to establish liability of prior parties.
The document discusses the roles and responsibilities of collecting bankers and paying bankers when dealing with cheques. It outlines two options a customer has when receiving a cheque - depositing it directly or sending it to their banker for collection. It explains that a collecting banker can act as a holder for value or as an agent, and describes the conditions under which they are considered a holder for value. The duties of paying bankers to verify cheque details and ensure sufficient funds are also reviewed. Statutory protections for collecting and paying bankers are discussed if they act in good faith and without negligence.
The document discusses the roles and responsibilities of collecting bankers and paying bankers when dealing with cheques. It outlines two options a customer has when receiving a cheque - depositing it directly or sending it to their banker for collection. It explains that a collecting banker can act as a holder for value or as an agent, and describes the conditions under which they are considered a holder for value. The duties of paying bankers to verify cheque details and ensure sufficient funds are also summarized. Finally, it discusses the statutory protections provided to collecting and paying bankers if they act in good faith and without negligence.
This document provides an overview of dishonour of cheques under Indian law. It defines dishonour of a cheque as when it is returned unpaid by the drawee bank for reasons of insufficient funds or signature mismatch. There are two kinds of dishonour: non-acceptance and non-payment. Dishonour can result in legal action against the drawer, loss of negotiability of the cheque, and accrual of a cause of action if a demand notice is issued and unpaid. Dishonour becomes a criminal offense if the payee gives notice demanding payment within 15 days and payment is not made within a further 15 days. Liability on dishonour can be civil, resulting in a fine of twice the
This document outlines the administrative procedure for complaints against civil service officials and employees in the Philippines. It discusses who may initiate a complaint, the requirements for complaints, the preliminary investigation process, the respondent's right to submit a counter-affidavit, potential preventive suspension of the respondent, formal investigation hearings, and rules around final decisions and appeals. The overall process involves fact-finding, allowing the respondent to reply to charges, potential suspension during the investigation, formal hearings if needed, a final decision, and appeal options depending on the imposed penalty.
The document discusses the obligations and precautions of banks when honoring customer cheques under the Negotiable Instruments Act. It explains that banks must honor cheques drawn by customers if there are sufficient funds, and outlines various precautions banks must take regarding genuineness of cheques, customer accounts and balances, and legal restrictions. Precautions include verifying signatures, dates, amounts, endorsements, checking for stops on payments or legal orders, and only making payments that constitute "payment-in-due-course".
Cheque bounce and Retainership lawyer in Mumbaiyer 2022.docxLexwork
The document discusses retainership agreements between law firms and clients. It explains that a retainer is a contract where a client pays a law firm an upfront monthly or yearly fee to have legal services available when needed. This saves time for the client compared to finding lawyers for each new matter. Retainer agreements outline the specific legal services and support the law firm will provide, such as keeping the client informed of legal changes and representing them in court. They are important because it ensures quality ongoing legal support and protection for companies facing frequent legal needs or issues. The key difference between a retainer and contract is retainers provide ongoing prepaid services until terminated, while contracts are for one-time fees for a specific legal job or project.
Cheque Dishonoured - Legal Tips On Your Cheque BounceLegal Kart
1. Cheque bounce is a criminal offense in India that can result in imprisonment of up to 2 years or a fine, as per Section 138 of the Negotiable Instruments Act.
2. If a cheque is dishonored, the payee can send a notice to the drawer demanding payment within 15 days. If payment is not made, a complaint can be filed in court along with relevant documents.
3. Once a cheque bounce complaint is filed, the drawer will be summoned to court for proceedings. It is advisable to seek legal counsel to prevent imprisonment or fines for cheque bouncing.
The document discusses negotiable instruments and dishonor. It defines presentment as a demand for payment or acceptance of an instrument. It outlines rules for presentment including who it can be made to and how. It defines dishonor for various types of instruments including notes, drafts, and documentary drafts. It discusses notice of dishonor and excuses for presentment and notice. It provides evidence of dishonor and outlines the obligation of endorsers. It discusses transfer warranties and presentment warranties for negotiable instruments.
This document provides an overview of the Banking Offense and Punishment Act 2064 of Nepal. It outlines the Act's 5 chapters which establish banking offenses, corresponding punishments, and legal proceedings. Key offenses include unauthorized account opening, loan activities, and credit/resource misuse. Punishments include fines and imprisonment depending on the offense and claimed amount. The Act aims to curb banking crimes and outlines investigative powers and procedures to effectively prosecute offenses.
1. The document discusses the provisions relating to dishonor of negotiable instruments such as cheque under Section 138 of the Negotiable Instruments Act. It summarizes the applicability of Section 138, the duties of the payee/holder, reasons for dishonor, punishment for drawer, and procedures for filing complaints.
2. It also summarizes offenses by companies/firms, cognizance of offenses, power of courts for summary trials, provisions for interim compensation and deposits for appeal in cases of dishonor of cheque.
3. Key aspects covered include duties of payee/holder, reasons for attracting Section 138 penalties, punishments for drawer, jurisdiction of courts, and special provisions for speedy trials,
1. The document discusses the provisions relating to dishonor of cheques under Section 138 of the Negotiable Instruments Act. It provides details about applicability of Section 138, reasons for dishonor, duties of the payee/holder, punishment for drawer, offences by companies/firms, and cognizance of offences.
2. It also summarizes the provisions regarding speedy trial procedures, interim compensation, deposit for appeal and repayment in case of acquittal in appeal.
3. Key highlights include presumption that cheque is issued to discharge legally enforceable debt, duties of payee/holder such as notice of dishonor and filing complaint, punishment including imprisonment and fine for drawer, and jurisdiction of
The document discusses bankers, customers, and dishonour of cheques under Indian law. It provides definitions of collecting bankers and paying bankers. It explains cheque clearance processes and protections provided to collecting bankers under Section 131 of the Negotiable Instruments Act. The duties and liabilities of paying bankers are greater, including verifying signatures and endorsements. A cheque holder can proceed against the bank if the drawer is discharged or the bank pays out of due course. Dishonour of cheques is governed by the Act, with conditions for presumption of dishonour and penalties for failure to pay within 15 days of notice. Offences can also apply to companies and directors.
banking ombudsman and their functions dutiesssuser775c16
The document discusses the Banking Ombudsman Scheme in India. It defines key terms like bank, ombudsman, and the banking ombudsman scheme. The scheme enables customers to file complaints regarding certain bank services. It covers all scheduled commercial, regional rural, and cooperative banks in India. The ombudsman has powers to investigate complaints, obtain information, and make recommendations. Complaints can be filed for issues like non-payment of inward remittances, failure to issue drafts/pay orders, charging without notice, and more. The complaint process and two example case decisions are also summarized.
This document outlines the guidelines for when injunctions are proper or prohibited according to Philippine law. It provides details on the requisites for granting a writ of preliminary injunction, including that the invasion of rights must be material, the complainant's right must be clear, and an injunction is necessary to prevent serious damage. Exceptions allow for injunctions to maintain orderly law administration, avoid multiple cases, protect constitutional rights, or question the validity of statutes or ordinances.
This document discusses cheques and encashment. It defines what a cheque is and outlines the key parties and requisites of a cheque, including that it must be in writing, drawn on a specified banker, for a sum certain, signed by the drawer, and payable on demand. The document also covers types of cheques, essentials for cheque payment such as sufficient funds and proper form, and circumstances where a bank may pay money by mistake and attempt recovery.
This document defines key terms and concepts related to negotiable instruments and the rights of those who possess or claim ownership of lost, stolen, or destroyed instruments. It discusses:
1) The process by which a claimant can assert a right to payment for a lost, stolen or destroyed cashier's check, teller's check or certified check by communicating with the obligated bank and providing a declaration of loss.
2) The rights and responsibilities of an obligated bank and claimant if a valid claim is made or the check is later presented for payment by another party.
3) The circumstances under which a person can enforce a lost, destroyed or stolen instrument if they were previously entitled to enforce it and how the
This document outlines the procedures for appealing Commission on Audit (COA) disallowances under Philippine law. It begins by discussing fundamental principles of financial transactions and the COA's constitutional mandate to audit government accounts. It then describes COA's audit services and general requirements for disbursements. The majority of the document details the multi-step appeals process, which involves submitting appeals to the Auditor, Regional Director, COA Commission Proper, and ultimately the Supreme Court if needed. It concludes by explaining rules regarding enforcement of final COA decisions, including issuance of notices of decision finality and orders of execution.
Critical study of dishonour of cheques under negotiable instruments act,1881merenjithr
The document discusses key provisions and amendments to the Negotiable Instruments Act of 1881 regarding dishonour of cheques, including definitions of offenses, requirements for prosecution, and important case law interpretations from the Supreme Court of India that have clarified ambiguities in the Act. It examines issues such as jurisdiction, successive cheque presentations, legally enforceable debts, notice requirements, and the liability of company directors. The overall objective of the Act and amendments is to encourage the use of cheques and enhance their credibility by penalizing dishonored cheques.
Critical study of dishonour of cheques under negotiable instruments act,1881merenjithr
The document discusses key provisions and amendments to the Negotiable Instruments Act of 1881 relating to dishonour of cheques, including definitions of offenses, requirements for initiating prosecution, and important judgements from the Supreme Court of India that have clarified ambiguities in the law. It examines topics such as post-dated cheques, jurisdiction, successive cheque presentations, legally enforceable debts, notice requirements, and the liability of company directors. The conclusion notes that while the law aims for expedited trials, cases in lower courts often move slowly.
ESCROW AGREEMENT FORMAT
FREE LEGAL AND ACCOUNTANT FORMATS
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
This document summarizes a seminar presentation on cheques. It defines a cheque, outlines the essential features of a valid cheque, and describes different types of cheques such as bearer, order, crossed, and post-dated cheques. It also discusses endorsement of cheques, the roles and responsibilities of a paying banker, circumstances under which cheques may be dishonored, and legal protections for paying bankers. The presentation covered key concepts relating to cheques under Indian law.
1. The document is an account opening form for individuals to open single or joint accounts at The Bank of Punjab. It collects personal information and requires signatures to agree to the terms and conditions.
2. The terms specify requirements for opening and operating the account such as submitting required documents and maintaining a minimum balance. It also outlines operational instructions regarding deposits, withdrawals, statements, and more.
3. The form provides for optional services like ATM cards and e-banking and collects information about expected transactions for account monitoring purposes.
This document summarizes a seminar on cheques given by five students. It defines a cheque, outlines the essential features of a valid cheque, and describes the different types of cheques. It also discusses endorsement of cheques, the roles and responsibilities of a paying banker and collecting banker, circumstances for dishonoring a cheque, and the protections provided to paying and collecting bankers under Indian law.
Payroll accounting involves recording payroll transactions and expenses. There are three main types of journal entries for payroll accounting: initial recordings, accrued wages, and manual payments. Initial recordings are the primary entries that record employees' gross wages, taxes withheld, and deductions. Accrued wages entries record wages owed but not yet paid at the end of an accounting period. Manual payments are used for adjusting pay or terminating employees. Sample journal entries are provided to debit expenses and credit liabilities for gross wages, taxes withheld, and net pay; to debit liabilities and credit cash when paying an employee; and to reverse liabilities and debit cash when remitting taxes.
The document discusses the obligations and precautions of banks when honoring customer cheques under the Negotiable Instruments Act. It explains that banks must honor cheques drawn by customers if there are sufficient funds, and outlines various precautions banks must take regarding genuineness of cheques, customer accounts and balances, and legal restrictions. Precautions include verifying signatures, dates, amounts, endorsements, checking for stops on payments or legal orders, and only making payments that constitute "payment-in-due-course".
Cheque bounce and Retainership lawyer in Mumbaiyer 2022.docxLexwork
The document discusses retainership agreements between law firms and clients. It explains that a retainer is a contract where a client pays a law firm an upfront monthly or yearly fee to have legal services available when needed. This saves time for the client compared to finding lawyers for each new matter. Retainer agreements outline the specific legal services and support the law firm will provide, such as keeping the client informed of legal changes and representing them in court. They are important because it ensures quality ongoing legal support and protection for companies facing frequent legal needs or issues. The key difference between a retainer and contract is retainers provide ongoing prepaid services until terminated, while contracts are for one-time fees for a specific legal job or project.
Cheque Dishonoured - Legal Tips On Your Cheque BounceLegal Kart
1. Cheque bounce is a criminal offense in India that can result in imprisonment of up to 2 years or a fine, as per Section 138 of the Negotiable Instruments Act.
2. If a cheque is dishonored, the payee can send a notice to the drawer demanding payment within 15 days. If payment is not made, a complaint can be filed in court along with relevant documents.
3. Once a cheque bounce complaint is filed, the drawer will be summoned to court for proceedings. It is advisable to seek legal counsel to prevent imprisonment or fines for cheque bouncing.
The document discusses negotiable instruments and dishonor. It defines presentment as a demand for payment or acceptance of an instrument. It outlines rules for presentment including who it can be made to and how. It defines dishonor for various types of instruments including notes, drafts, and documentary drafts. It discusses notice of dishonor and excuses for presentment and notice. It provides evidence of dishonor and outlines the obligation of endorsers. It discusses transfer warranties and presentment warranties for negotiable instruments.
This document provides an overview of the Banking Offense and Punishment Act 2064 of Nepal. It outlines the Act's 5 chapters which establish banking offenses, corresponding punishments, and legal proceedings. Key offenses include unauthorized account opening, loan activities, and credit/resource misuse. Punishments include fines and imprisonment depending on the offense and claimed amount. The Act aims to curb banking crimes and outlines investigative powers and procedures to effectively prosecute offenses.
1. The document discusses the provisions relating to dishonor of negotiable instruments such as cheque under Section 138 of the Negotiable Instruments Act. It summarizes the applicability of Section 138, the duties of the payee/holder, reasons for dishonor, punishment for drawer, and procedures for filing complaints.
2. It also summarizes offenses by companies/firms, cognizance of offenses, power of courts for summary trials, provisions for interim compensation and deposits for appeal in cases of dishonor of cheque.
3. Key aspects covered include duties of payee/holder, reasons for attracting Section 138 penalties, punishments for drawer, jurisdiction of courts, and special provisions for speedy trials,
1. The document discusses the provisions relating to dishonor of cheques under Section 138 of the Negotiable Instruments Act. It provides details about applicability of Section 138, reasons for dishonor, duties of the payee/holder, punishment for drawer, offences by companies/firms, and cognizance of offences.
2. It also summarizes the provisions regarding speedy trial procedures, interim compensation, deposit for appeal and repayment in case of acquittal in appeal.
3. Key highlights include presumption that cheque is issued to discharge legally enforceable debt, duties of payee/holder such as notice of dishonor and filing complaint, punishment including imprisonment and fine for drawer, and jurisdiction of
The document discusses bankers, customers, and dishonour of cheques under Indian law. It provides definitions of collecting bankers and paying bankers. It explains cheque clearance processes and protections provided to collecting bankers under Section 131 of the Negotiable Instruments Act. The duties and liabilities of paying bankers are greater, including verifying signatures and endorsements. A cheque holder can proceed against the bank if the drawer is discharged or the bank pays out of due course. Dishonour of cheques is governed by the Act, with conditions for presumption of dishonour and penalties for failure to pay within 15 days of notice. Offences can also apply to companies and directors.
banking ombudsman and their functions dutiesssuser775c16
The document discusses the Banking Ombudsman Scheme in India. It defines key terms like bank, ombudsman, and the banking ombudsman scheme. The scheme enables customers to file complaints regarding certain bank services. It covers all scheduled commercial, regional rural, and cooperative banks in India. The ombudsman has powers to investigate complaints, obtain information, and make recommendations. Complaints can be filed for issues like non-payment of inward remittances, failure to issue drafts/pay orders, charging without notice, and more. The complaint process and two example case decisions are also summarized.
This document outlines the guidelines for when injunctions are proper or prohibited according to Philippine law. It provides details on the requisites for granting a writ of preliminary injunction, including that the invasion of rights must be material, the complainant's right must be clear, and an injunction is necessary to prevent serious damage. Exceptions allow for injunctions to maintain orderly law administration, avoid multiple cases, protect constitutional rights, or question the validity of statutes or ordinances.
This document discusses cheques and encashment. It defines what a cheque is and outlines the key parties and requisites of a cheque, including that it must be in writing, drawn on a specified banker, for a sum certain, signed by the drawer, and payable on demand. The document also covers types of cheques, essentials for cheque payment such as sufficient funds and proper form, and circumstances where a bank may pay money by mistake and attempt recovery.
This document defines key terms and concepts related to negotiable instruments and the rights of those who possess or claim ownership of lost, stolen, or destroyed instruments. It discusses:
1) The process by which a claimant can assert a right to payment for a lost, stolen or destroyed cashier's check, teller's check or certified check by communicating with the obligated bank and providing a declaration of loss.
2) The rights and responsibilities of an obligated bank and claimant if a valid claim is made or the check is later presented for payment by another party.
3) The circumstances under which a person can enforce a lost, destroyed or stolen instrument if they were previously entitled to enforce it and how the
This document outlines the procedures for appealing Commission on Audit (COA) disallowances under Philippine law. It begins by discussing fundamental principles of financial transactions and the COA's constitutional mandate to audit government accounts. It then describes COA's audit services and general requirements for disbursements. The majority of the document details the multi-step appeals process, which involves submitting appeals to the Auditor, Regional Director, COA Commission Proper, and ultimately the Supreme Court if needed. It concludes by explaining rules regarding enforcement of final COA decisions, including issuance of notices of decision finality and orders of execution.
Critical study of dishonour of cheques under negotiable instruments act,1881merenjithr
The document discusses key provisions and amendments to the Negotiable Instruments Act of 1881 regarding dishonour of cheques, including definitions of offenses, requirements for prosecution, and important case law interpretations from the Supreme Court of India that have clarified ambiguities in the Act. It examines issues such as jurisdiction, successive cheque presentations, legally enforceable debts, notice requirements, and the liability of company directors. The overall objective of the Act and amendments is to encourage the use of cheques and enhance their credibility by penalizing dishonored cheques.
Critical study of dishonour of cheques under negotiable instruments act,1881merenjithr
The document discusses key provisions and amendments to the Negotiable Instruments Act of 1881 relating to dishonour of cheques, including definitions of offenses, requirements for initiating prosecution, and important judgements from the Supreme Court of India that have clarified ambiguities in the law. It examines topics such as post-dated cheques, jurisdiction, successive cheque presentations, legally enforceable debts, notice requirements, and the liability of company directors. The conclusion notes that while the law aims for expedited trials, cases in lower courts often move slowly.
ESCROW AGREEMENT FORMAT
FREE LEGAL AND ACCOUNTANT FORMATS
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
This document summarizes a seminar presentation on cheques. It defines a cheque, outlines the essential features of a valid cheque, and describes different types of cheques such as bearer, order, crossed, and post-dated cheques. It also discusses endorsement of cheques, the roles and responsibilities of a paying banker, circumstances under which cheques may be dishonored, and legal protections for paying bankers. The presentation covered key concepts relating to cheques under Indian law.
1. The document is an account opening form for individuals to open single or joint accounts at The Bank of Punjab. It collects personal information and requires signatures to agree to the terms and conditions.
2. The terms specify requirements for opening and operating the account such as submitting required documents and maintaining a minimum balance. It also outlines operational instructions regarding deposits, withdrawals, statements, and more.
3. The form provides for optional services like ATM cards and e-banking and collects information about expected transactions for account monitoring purposes.
This document summarizes a seminar on cheques given by five students. It defines a cheque, outlines the essential features of a valid cheque, and describes the different types of cheques. It also discusses endorsement of cheques, the roles and responsibilities of a paying banker and collecting banker, circumstances for dishonoring a cheque, and the protections provided to paying and collecting bankers under Indian law.
Similar to Legal Provisions Related To Dishonour Cheques.pdf (20)
Payroll accounting involves recording payroll transactions and expenses. There are three main types of journal entries for payroll accounting: initial recordings, accrued wages, and manual payments. Initial recordings are the primary entries that record employees' gross wages, taxes withheld, and deductions. Accrued wages entries record wages owed but not yet paid at the end of an accounting period. Manual payments are used for adjusting pay or terminating employees. Sample journal entries are provided to debit expenses and credit liabilities for gross wages, taxes withheld, and net pay; to debit liabilities and credit cash when paying an employee; and to reverse liabilities and debit cash when remitting taxes.
This document summarizes a case from the Competition Commission of Pakistan (CCP) against five companies for bid rigging. The CCP found evidence the companies colluded on bids for a public sector tender. After hearings, the CCP determined the companies violated antitrust law. It rejected defenses that the relevant market wasn't defined and that bid rigging isn't a per se violation. The CCP fined each company PKR 2 million for collusive bidding, finding it a serious infringement.
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Understanding User Needs and Satisfying ThemAggregage
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We know we want to create products which our customers find to be valuable. Whether we label it as customer-centric or product-led depends on how long we've been doing product management. There are three challenges we face when doing this. The obvious challenge is figuring out what our users need; the non-obvious challenges are in creating a shared understanding of those needs and in sensing if what we're doing is meeting those needs.
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In the recent edition, The 10 Most Influential Leaders Guiding Corporate Evolution, 2024, The Silicon Leaders magazine gladly features Dejan Štancer, President of the Global Chamber of Business Leaders (GCBL), along with other leaders.
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Navigating the world of forex trading can be challenging, especially for beginners. To help you make an informed decision, we have comprehensively compared the best forex brokers in India for 2024. This article, reviewed by Top Forex Brokers Review, will cover featured award winners, the best forex brokers, featured offers, the best copy trading platforms, the best forex brokers for beginners, the best MetaTrader brokers, and recently updated reviews. We will focus on FP Markets, Black Bull, EightCap, IC Markets, and Octa.
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This PowerPoint compilation offers a comprehensive overview of 20 leading innovation management frameworks and methodologies, selected for their broad applicability across various industries and organizational contexts. These frameworks are valuable resources for a wide range of users, including business professionals, educators, and consultants.
Each framework is presented with visually engaging diagrams and templates, ensuring the content is both informative and appealing. While this compilation is thorough, please note that the slides are intended as supplementary resources and may not be sufficient for standalone instructional purposes.
This compilation is ideal for anyone looking to enhance their understanding of innovation management and drive meaningful change within their organization. Whether you aim to improve product development processes, enhance customer experiences, or drive digital transformation, these frameworks offer valuable insights and tools to help you achieve your goals.
INCLUDED FRAMEWORKS/MODELS:
1. Stanford’s Design Thinking
2. IDEO’s Human-Centered Design
3. Strategyzer’s Business Model Innovation
4. Lean Startup Methodology
5. Agile Innovation Framework
6. Doblin’s Ten Types of Innovation
7. McKinsey’s Three Horizons of Growth
8. Customer Journey Map
9. Christensen’s Disruptive Innovation Theory
10. Blue Ocean Strategy
11. Strategyn’s Jobs-To-Be-Done (JTBD) Framework with Job Map
12. Design Sprint Framework
13. The Double Diamond
14. Lean Six Sigma DMAIC
15. TRIZ Problem-Solving Framework
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Legal Provisions Related To Dishonour Cheques.pdf
1. 1
Legal Provisions Related To Dishonored Cheques
Compiled By Aamir Juzer (CMA Finalist)
INTRODUCTION
1. Where any cheque drawn by a person for the discharge of a liability is returned by the bank
unpaid, either because of the amount of money standing to the credit of that account is
insufficient to honour the cheque or;
2. That it exceeds the amount arranged to be paid from that account by an agreement made
with that bank
Such person cheque shall be deemed to have committed an offence and shall be punishable
with imprisonment for a term, which may extend to two year, or with fine, which may extend
to twice the amount of the cheque or with both.
WHAT CONSTITUTES AN OFFENCE
1. Such cheque should have been presented to the bank within a period of six months of the
date of on which it is drawn or within the period of its validity, which ever is earlier; and
2. The payee or holder in due course of such cheque should have made a demand for the
payment of the said amount of money by giving a notice, in writing, to the drawer of the
2. 2
cheque within thirty days of the receipt of the information by him from the bank regarding
the return of the cheque unpaid; and
3. The drawer of such cheque should have failed to make the payment of the said amount of
money to the payee or the holder in due course of the cheque within fifteen days of receipt
of the said notice.
4. The cheque in question should have been issued in discharge of whole or part of a debt or
liability otherwise the maker of the cheque is not liable for prosecution. For example if the
cheque is given as a gift or present and if the bank dishonours it the maker of the cheque is
not liable for prosecution.
OFFENCES BY COMPANIES
1. If the person committing the offence is a company, every person who, at the time offence
was committed, was in charge of, and responsible to the company for the conduct of the
business of the company shall be deemed to be guilty of the offence and shall be liable to be
proceeded against and punished.
2. If a person proves that the offence was committed without his knowledge, or that he had
exercised due diligence to prevent the commission of such offence, he shall not be
punishable.
3. Where a person is nominated as a Director of a company by virtue of his holding any office or
employment in the Central Government or State Government or a financial Corporation
owned or controlled by the Central Government or State Government, he shall not be liable
for prosecution.
4. Where any offence has been committed by a Company and f it is proved that the offence has
been committed with the consent or connivance of, or is attributable to, any neglect on the
part of any director, manager, secretary, or other officer of the Company, such person shall
also be deemed to be guilty of that offence and shall be liable to be proceeded against and
punished accordingly.
PRESENTATION OF CHEQUE ANY NUMBER OF TIMES
1. There is no embargo upon the payee to successively present a dishonoured cheque during
the period of its validity.
2. There is no restriction regarding the no of times a cheque can be presented and that every
subsequent representation and dishonour gives rise to fresh cause of action for filing
complaint.
3. In the course of business transactions it is not uncommon for a cheque being returned due to
insufficient funds or similar such reason and being presented again by the payee after
sometime, on his own volition or at the request of the drawer, in expectation that it would
be encashed.
4. For dishonour of one cheque there can be only one offence and such offence is committed
by the drawer immediately on his failure to make the payment within 15 days of the receipt
of the notice served.
3. 3
5. On each presentation of the cheque and its dishonour, a fresh right and not cause of action
accrues. Therefore the payee without taking pre-emptory action in exercise of his right may,
go on presenting the cheque so as to enable him to exercise such right at any point of time
during the validity of the cheque.
6. Cause of action would arise only on failure to pay after notice.
7. Once a notice for payment is given a fresh cause of action will not arise if the cheque is
presented again and it is dishonoured.
EFFECT OF STOP PAYMENT
1. Stop payment instructions cannot obviate the offence.
2. Even if stop payment instructions are given and notice of the same is given to the payee or
holder in due course liability cannot be avoided.
3. The position will not be different even if the drawer had instructed the bank to stop payment
prior to the presentation of the cheque for encashment.
4. Once the cheque is issued there is a presumption, that the holder received the cheque for
the discharge, of any debt or liability and merely because the drawer issues a notice to the
drawee or to the bank for stoppage of the payment it will not preclude an action under the
Act.
NOTICE IN CASE OF DISHONOUR
1. The requirement of giving of notice is mandatory. If no notice making a demand for payment
is served upon the drawer within 30 days from the date of dishonour of cheque, a complaint
is not maintainable unless the complainant satisfies the Court that he had sufficient cause for
not making a complaint within such period.
2. Notice means a notice in writing.
3. A postal acknowledgement due containing the signature of the accused is proper proof of
service of the notice on the addressee shown in the postal acknowledgement.
4. When a notice is returned by the sender as unclaimed such date would be the commencing
date in reckoning the period of 15 days. Such reckoning would be without prejudice to the
right of the drawer of the cheque to show that he had no knowledge that the notice was
brought to his address.
5. The notice need not necessarily be by registered post only. It can be sent by a telegram, fax
or by a letter as well.
However it is preferable to send the notice by registered post, as that is clear evidence of
service.
PERIOD OF PAYMENT
1. If payment is not made within 15 days of the receipt of the notice then the offence shall be
deemed to have been committed.
2. The cause of action for filing complaint would arise after the completion of 15 days from the
date the drawer receives the notice and fails to pay the amount within that period.
4. 4
3. The court cannot take cognizance prior to the lapse of the period of 15 days even if there was
a denial of the liability earlier, even after denial liability to pay the amount, the accused can
at any time change his mind within 15 days of receipt of notice, make payment and avoid
prosecution.
4. The offence shall be deemed to be committed only from the date when notice period
expired.
The drawer cannot take the excuse that he had no reason to believe when he issued the
cheque that the cheque may be dishonoured on presentation for the reasons stated above.
REMEDIES
1. To file a civil suit
2. To file a complaint under section 138 of the Negotiable Instruments Act, 1881
3. To file complaint under section 420 for cheating under the Pakistan Penal Code
In case a person has filed suits for recovery, he is not precluded from filing a complaint under
section 138 of the Negotiable Instruments Act and section 420 of the Pakistan Penal Code. Both
remedies may be simultaneously possible. A civil suit cannot debars the criminal prosecution.
FILING OF A COMPLAINT
The court will not take cognizance of any offence unless
1. The payee or holder in due course of the cheque makes a complaint in writing.
2. The payee cannot lodge a complaint after the completion of one month from the date on
which the cause of action arose.
3. A complaint can be filed through Power of Attorney, agents of the payee or holder in due
course
4. A complaint has to be filed in writing alongwith the list of witnesses and the list of
documents.
WHERE TO FILE THE COMPLAINT
A complaint can be filed in a court within the jurisdiction of which-
1. The cheque has been drawn
2. The place where the cheque is presented for collection
3. The place where it is received after endorsement
4. The place where cheque is dishonoured.
The offence shall not be triable by any court inferior to that of a Metropolitan Magistrate or
Judicial Magistrate of the first class.
5. 5
LIMITATION
A complaint has to be filed within one month of the date on which the cause of action arise i.e.
within 45 days of the offender receiving the notice to make payment.
PROCEDURE ON RECEIPT OF THE COMPLAINT
1. If the magistrate is of the opinion that there are sufficient grounds for proceeding he shall
call the complainant for pre summoning evidence and the necessary documents are
exhibited.
2. Thereafter summons are issued for the attendance of the accused and the witnesses.
3. The evidence of the witnesses is recorded.
4. The particulars of the offence are stated to the accused, and he shall be asked whether he
pleads guilty or has any defence to make.
5. If he accused pleads guilty, the magistrate shall record the plea and convict him.
6. If the accused does not plead guilty the Magistrate shall proceed to hear the complainant
and the accused and take all the evidence as may be produced by both.
7. On the hearing and evidence the Magistrate shall pass the order of conviction or acquittal.
___________________________XXXX____________________________
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Contact No. +92 322 8268753 | juzer.aamir@gmail.com