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Results of evidence act s 138

Showing : 711-720 of 885 Results

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..........

MADRAS HIGH COURT

Year of decision: 2008
Details

Negotiable Instruments Act, 1881, Section 138, 20, Evidence Act, 1872, Section 45 -- Blank signed cheque - Held, signatures when admitted then there is no necessity for sending the disputed cheque to an expert for his opinion...........

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 138 -- Dishonour of cheque - Mere proof of signature on cheque is not proof of its execution - In the absence of any positive evidence regarding the execution of the cheque by accused, it is to be held that the accused had issued only blank cheque and the same was not executed by him - Simply because the cheque contained the..........

BOMBAY HIGH COURT

Year of decision: 2007
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Existence of debt or any other liability, loss of cheque and complaint to the bank and police station and denying the liability of the cheque amount - All these issues can only be decided after parties adduce evidence - No case made..........

BOMBAY HIGH COURT

Year of decision: 2007
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Quashing of - Complaint against company and its Directors - Plea of petitioners that they were not Directors at the time when cheque was issued - Form No.32 under the Companies Act, 1956 placed on record but there is nothing to show as to when the same was received by the Registrar of..........

BOMBAY HIGH COURT

Year of decision: 2007
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Repayment alleged - Receipt produced in defence evidence - In rebuttal complainant filed an affidavit that he never issued such receipt and it does not bear his signature and it is forged - Complainant once again cross examined and he once again denied his..........

CALCUTTA HIGH COURT

Year of decision: 2007
Details

Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Cheque issued by Company - Summoning order - Challenged on the ground that it is not averred in the complaint as to in what manner accused was responsible for the conduct of business of the company - Also no specific overt act attributed to petitioner regarding his involvement in the commission of..........

DELHI HIGH COURT

Year of decision: 2007
Details

Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of Cheque - Company - Directors - Sleeping director - If any Director of the company claims that he was not the person looking after the affairs of the company this fact has to be proved by him by leading cogent evidence before the trial Court - A creditor is not supposed to know are the sleeping directors or..........

BOMBAY HIGH COURT

Year of decision: 2007
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Existence of a debt or legally enforceable liability - Can only be decided after parties lead evidence - Proceedings cannot be quashed on the ground of non existence of debt or legally enforceable liability...........

Showing : 711-720 of 885 Results