Showing : 1-5 of 5 Results

SUPREME COURT OF INDIA
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Presumption u/s 139 of the Act does indeed include the existence of a legally enforceable debt or liability...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - `Stop payment' - Offence u/s 138 of the Act is committed in case of `Stop payment' irrespective of insufficiency of funds in the account...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - `Stop payment' - `Lost cheque' - While issuing instructions to bank to `stop payment' it was not mentioned that cheque was lost - Accused failed to reply to the statutory notice - Leads to inference that there was merit in the complainants version...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Rebuttal - Standard of proof for rebuttal of presumption u/s 139 of the Act is that of preponderance of probabilities - If accused is able to raise a probable defence which creates doubts about the existence of a legally enforceable debt or liability, the..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Rebuttal - To rebut the presumption u/s 139 of the Act accused can rely on the materials submitted by the complainant in order to raise such a defence...........

Showing : 1-5 of 5 Results