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Results of 139 ni act

Showing : 111-120 of 200 Results

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2008
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttable presumption - Presumption that cheque was issued for a debt or liability is in favour of holder of cheque - This is a rebuttable presumption which can be rebutted only by the person who drew the cheque...........

BOMBAY HIGH COURT

Year of decision: 2008
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - The rebuttal would not have to be conclusively established - However, evidence must be adduced in support of the defence that the Court must either believe the defence to exist or consider its existence to be reasonably probable - Standard of reasonability is that of a..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2008
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - There is legal presumption that the cheque was issued for discharging an antecedent liability and that presumption can be rebutted only by the person who drew the cheque - This presumption is in favour of the holder of the cheque...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2008
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Accused took the defence that she had kept the cheque duly signed by her in her house and cheque in question came into possession of accused in her absence - Plea of accused not believed as she in the natural course of conduct could not be expected to keep signed blank cheques in her..........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Negotiable Instruments Act, 1881, Section 139 -- Dishonour of cheque - Presumption - Presumption available is as to issuance of cheque for discharge of any debt or other liability - Existence of legally recoverable debt is not a matter of presumption u/s 139 of the Act...........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Negotiable Instruments Act, 1881, Section 139 -- Dishonour of cheque - Presumption - Rebuttal - Accused need not examine himself to rebut the presumption - He may discharge the burden on the basis of materials already brought on record...........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Negotiable Instruments Act, 1881, Section 139 -- Dishonour of cheque - Presumption - Rebuttal - Standard of proof so as to prove a defence on the part of an accused is `preponderance of probabilities' - Inference of preponderance of probabilities can be drawn not only from the materials brought on records by the parties but also by reference to the circumstances upon which..........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Negotiable Instruments Act, 1881, Section 139 -- Dishonour of cheque - Presumption - Rebuttal - Question as to whether presumption stood rebutted or not has to be determined keeping in view the other evidences on record - Stepping into the witness box by the appellant is not imperative - Background fact and the conduct of the parties together with their legal requirements..........

BOMBAY HIGH COURT

Year of decision: 2007
Details

Negotiable Instruments Act, 1881, Section 138, 139, 118(a) -- Dishonour of cheque - Consideration - Presumption - Rebuttal - It is not necessary for accused to disprove the existence of consideration by way of direct evidence - Accused can raise a probable defence from the material brought on record by him as well as by the complainant - Presumption could be rebutted..........

KERALA HIGH COURT

Year of decision: 2007
Details

Negotiable Instruments Act, 1881, Section 139, 138 -- Dishonour of cheque - Court is not bound to adjudicate on the liability under the cheque in dispute - However, when execution of cheque itself is disputed and not proved, Court has to consider original transaction for arriving at a safe conclusion...........

Showing : 111-120 of 200 Results