Showing : 1-10 of 166 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Legally enforceable debt - Presumption - Signature on cheque not disputed - Plea that cheque issued in the name of Firm was removed from his office table not convincing nor the same is supported by any evidence - Statutory presumption not satisfactorily rebutted - Accused..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Presumption - Once cheque has been signed and issued in favour of holder, there is a statutory presumption that it is issued in discharge of legally enforceable debt or liability - This presumption, of course is rebuttable one if issuer of cheque is able to discharge the..........
TRIPURA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Accused himself admitted that he gave three cheques to complainant, thereby accused made false G.D entry regarding missing of cheques - It is also shown from conduct of accused that he did not recognize any importance to demand notice being not signed by concerned advocate -..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Presumption - When presumption is drawn then result of such presumption is to existence of legally enforceable debt and factors relating to want of documentary evidence in the form of receipts or accounts or want of evidence such as regards source of funds are not of relevant..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Legally enforceable debt - Cheque issued under and in pursuance of agreement to sell - An agreement to sell does not create any interest in immoveable property, it nonetheless constitutes a legally enforceable contract between the parties to it - Payment made in pursuance of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Legally enforceable debt - There is no requirement of law to produce income tax or sales tax returns - Simple legal requirement for complainant is to satisfy Court that cheque in question was issued by accused to discharge his legal liability...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Loan of 15 lakhs - Presumption - Rebuttal - Source of funds - Complainant in his cross examination deposed that earlier accused had furnished two cheques of Rs.5 lakhs and another for Rs.10 lakhs - Nothing mentioned in complaint regarding these two cheques - Nothing stated by..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 391, Negotiable Instruments Act, 1881, Section 138-- Application for leading additional evidence allowed - Dishonour of cheque - Complainant is in business of manufacturing and selling vehicles and their spare parts - During process of business, accused issued 20 cheques and same got dishonoured by bank - Evidence sought to be produced is admittedly..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Loan transaction - Cheque in question was drawn and given by accused to complainant as a security - Vouches acknowledgment on record shows that principal and interest amount was repaid and received by brother of complainant - Trial Court rightly held that on the date of..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Once a cheque is signed and issued in favour of holder, there is statutory presumption that it is issued in discharge of a legally enforceable debt or liability - This presumption is a rebuttable one, if issuer of cheque is able to discharge burden that it was..........

Showing : 1-10 of 166 Results