Yurist & Partners

Five Important Elements/Fundamental to be noted in 138 N.I Act : 1. Drawing the cheque. 2. Presentation of the cheque to the Bank. 3. Returning the cheque unpaid by the drawee Bank. 4. Giving notice in writing to the drawer of the cheque demanding payment of the cheque amount. 5. Failure of the drawer to make payment within 15 days of the receipt of notice. The Following are the important stages in a Cheque Bounce case: A Cheque bounce case normally takes an average of one year to complete the proceedings before trial court. After receiving bank slip of bouncing of cheque, statutory notice to be sent to accused within 30 days of cheque bounce. STAGE ONE:  1) Filing of complaint: Filing of complaints u/s 138 with M.M./A.M.M. M.M. verifies the complaints and marked the same to the concerned M.M. / A.M.M.[Fast Tract courts-N.I Act -e.g. Erramanzil Court or Hastinapuram Court, R.R Dist for further proceedings. Accrual of cause of action : Accu...

What is "Doctrine of Privity"?: To begin with it is very necessary to understand what this doctrine actually speaks about. In layman's language the "Doctrine of Privity" can be worded so as to mean that a contract cannot confer rights or impose those obligations arising under it, on any person except the parties to it.2 However, whenever there are third party beneficiaries in a contract, it may become necessary to determine as to, who, in the eyes of the law should be liable or should be protected in event of inexorable breaches that may occur from time to time. From here arises the whole debate about the significance, practical hassles and debates created by this doctrine. Judicial Interpretation of the Doctrine: a departure from "Tweedle v Atkinson" rule: It is generally agreed that theTweddle vAtkinson has laid down "the true common law doctrine" of the modern third party rule3. In Tweddle v. Atkinson, the Court acknowledged the exi...