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how a registered sale deed can be cancelled

  Where a sale deed is executed and registered and the intention of the parties are clear that title in property would pass upon the paying ...

Sunday, 19 May 2019

How to calculate period for sending notice in cheqe bounce case



Section 138 of negotiable instruments  act provide that notice is to given within 30 days of the reciept of the intimation of dishonoured  cheque from the bank or within 30 days  of dishonour  of the cheque by the bank. The most important thing is that the first day will start after very next day of dishonour of cheque or reciept of intimation of dishonour of cheque by bank. The words of ,from and within used  in section 138 has same meaning and object and that is to exclude the first day of dishonour of cheque or intimation of dishonour of cheque by bank. So the basic  and general rule is always to exclude the first day and to include last day while calculating the time limit for sending notice under section 138 of negotiable instruments  act. The general  rule and principal have been  dealt by supreme court  of india  in saketh case,harundass gupta  case and ultimately in Econ  entries case in 2013.