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Results of 139 ni act

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BOMBAY HIGH COURT

Year of decision: 1998
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Once the cheque is issued by the drawer a presumption under Section 139 must follow - Merely because the drawer issues a notice to the drawee or to the Bank for stoppage of the payment it will not preclude an action under Section 138 of the Act by the drawee or the holder of a cheque in due course...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 1997
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Accused on appearance sought dismissal of complaint on ground that cheque had not been issued against existing liability - This question is a matter of evidence - Trial Court should have afforded an opportunity to the complainant to lead evidence...........

ANDHRA PRADESH HIGH COURT

Year of decision: 1997
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Legally enforceable liability - Complainant is bound to discharge the initial burden cast upon him that the cheque was given by the accused in discharge of legally enforceable liability - Complainant failing to prove satisfactorily that he has sufficient capacity to lend the amount of Rs.1, 25, 000/- by way of cheque..........

BOMBAY HIGH COURT

Year of decision: 1996
Details

Negotiable Instruments Act, 1881, Section 139, 138 -- Failure to prove the case to attract the provisions of S.138 - There is no question to rebut the presumption under S.139 of the Act...........

BOMBAY HIGH COURT

Year of decision: 1995
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Holder of cheque-There is a presumption that the cheque received is for discharge in whole or in part of any debt or any other liability and the accused is required to dislodge this presumption...........

ANDHRA PRADESH HIGH COURT

Year of decision: 1995
Details

Negotiable Instruments Act, 1881, Section 138, 139, 140, 141, 142 -- Chapter XVII consisting of Ss.138 to 142 not ultra vires the powers of union Parliament to enact such provisions - Matters covered by S.138 fall within Entries 45 and 46 of List-I (Union List.)..........

ANDHRA PRADESH HIGH COURT

Year of decision: 1995
Details

Negotiable Instruments Act, 1881, Section 139 -- `Holder' - Not intended to cover all kinds of holders - It operates only in favour of payee and holder in due course...........

ANDHRA PRADESH HIGH COURT

Year of decision: 1995
Details

Negotiable Instruments Act, 1881, Section 139 -- Rebuttable presumption - Not applicable to a holder of cheque without consideration...........

ANDHRA PRADESH HIGH COURT

Year of decision: 1995
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Initial burden lies on complaint to show that cheque was issued to discharge a legally enforceable debt or other liability - Then only burden shifts to the drawer of the cheque to rebut that presumption...........

BOMBAY HIGH COURT

Year of decision: 1994
Details

Negotiable Instruments Act, 1881, Section 138, 139, 140, 141, 142 -- Constitution of India, Seventh Schedule, Union List, Entries 45, 46 - Words `Banking, Bills of Exchange, Cheques, Promissory Notes and other like instruments' - Occurring in Entries Nos.45 and 46 are couched in widest form and have to be given widest amplitude - Held, Parliament has power and competence..........

Showing : 191-200 of 200 Results