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Results of legally recoverable debt

Showing : 31-40 of 40 Results

BOMBAY HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Continuous business dealings - Rs.3 lakhs as outstanding dues - Five cash credit memos produced in evidence - Cheques issued towards part payment - Existence of legally enforceable debt outstanding in the name of accused at the material time becomes evident from the testimony..........

GUJARAT HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt - Complainant failed to prove beyond reasonable doubt that debt was legally recoverable on the date of the cheques in question - Complaint dismissed...........

KARNATAKA HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption is as to issuance of cheque for discharge of any debt or other liability and not as to legally recoverable debt - Complainant has to be establish as to legally recoverable debt...........

BOMBAY HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cash loan - Not disclosed in Income Tax Return - Liability to repay unaccounted cash amount is not a legally enforceable liability - Debt is not legally recoverable debt...........

BOMBAY HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - There is no presumption u/s 139 of the Act that the debt is a legally recoverable debt...........

BOMBAY HIGH COURT

Year of decision: 2008
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt - Conviction by trial Court - Acquittal by appellate Court - Complainant failed to discharge the burden of proving that amount of cheque was legally recoverable and that he had given the loan to the accused - Several discrepancies in the testimony of the complainant - Held,..........

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...........

DELHI HIGH COURT

Year of decision: 1999
Details

Negotiable Instruments Act, 1881, Section 139 -- Provision gives rise to presumption of fact that the cheque was given in discharge of a debt or liability legally recoverable...........

SUPREME COURT OF INDIA

Year of decision: 1999
Details

Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 2(g) -- Debt - Meaning - Means any liability which is alleged as due from any person by a bank during the course of any business activity undertaken by the bank either in cash or otherwise, whether secured or unsecured, whether payable under a decree or order of any court or otherwise and legally..........

SUPREME COURT OF INDIA

Year of decision: 1976
Details

Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 7 - - Scope of - Word 'payable' in Section 7 - Means "legally recoverable" - Any amount barred by law of limitation - Cannot be held 'payable' - Recovery of rent beyond three years i. e. barred by limitation - Not permissible under Section 7 - Estate Officer cannot ignore existing law - Section 7 does..........

Showing : 31-40 of 40 Results