Showing : 21-30 of 588 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Presumption - Signature on cheque not denied by accused - It is to be presumed that cheque in question was drawn for consideration and the holder of cheque i.e. complainant received the same in discharge of an existing debt - Onus, shifts on accused to establish a probable..........
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, 139-- Dishonour of cheque - Presumption - Mere creation of doubt is not sufficient to rebut the presumption u/s 139 of the Act...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Presumption - Rebuttal - Preponderance of probabilities - Accused has to bring on record such facts and such circumstances which may lead the Court to conclude either that consideration did not exist or that its non existence was so probable that a prudent man would, under..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Source of funds - Once presumption u/ss 139, 118 is drawn the onus shifts to accused - Unless accused discharges the onus by bringing on record such facts and circumstances as to show preponderance of probabilities in his favour, any doubt on the complainant's case could not..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Acknowledgement regarding existence of debt on stamp paper executed by accused - Signatures on said document admitted by accused - However, accused attempted to suggest that his signatures were available on blank stamp paper with PW2 - This suggestion is too remote and too..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Acknowledgement regarding existence of debt on stamp paper - Said writing not bearing signatures of complainant - Said writing is not in the nature of bi partite agreement to be signed by the parties thereto - It is a writing in the nature of acknowledgement by accused about..........
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..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Quashing of proceedings - Complainant specifically averred that accused being Directors of company were actively participating in day-today affairs of accused/company - Further, A-1 to A-4 are alleged to be from same family and running accused company together - Complaint..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Post dated cheque - Issuance of post dated cheque does not absolve drawer of cheque of penal consequences of S.138 of the Act...........

Showing : 21-30 of 588 Results