Supreme Court of India

Mis. Rahul Builders v. M/s. Arihant Fertilizers and Chemical and Anr.

Neutral citation
Reported as [2007] 11 S.C.R. 951
Bench S.B. Sinha and Harjit Singh Bedi JJ.
Decided 2 November 2007

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

3 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that the impugned judgment cannot be faulted.

Judgment, page 9

From the headnote

Negotiable Instruments Act, 1881: s.138, proviso (b)-Dishonour of cheque-Complaint petition- c Maintainability of, when no specific demand made in notice for payment ofmnount covered by cheque-Held: Not maintainable since service ofnotice not in conformity with proviso (b) to s.138-Also the section does not speak of 15 days' notice-In absence of such stipulation, it cannot be held to be so contemplated--Notice-~ ~ lnter71retation of sratutes. _,., lnte17Jretation of statutes: Proviso-Applicability of-Held: When proviso applies, main section would not. Appellant and Respondent No.1 entered

Where later benches applied it

Of those, 2 relied on · 1 referred to

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