Showing : 241-250 of 514 Results

KARNATAKA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 114-- Dishonour of cheque - Proof of service of notice - There is a postal endorsement to the effect that notice was refused - Envelope is accompanied by acknowledgement and it has been returned to complainant - Having sent notice by registered post, complainant has produced postal receipt - Held, under..........
GUJARAT HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 139, 141-- Dishonour of cheque - Offence by company - Discharge of debt or liability - Presumption as to - Held, when accused No.1 company has issued the cheque which was signed by accused No.2 and was given to the complainant there is always presumption u/s 139 of NI Act that said cheque was issued by him..........
MADHYA PRADESH HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Proof - Impugned cheque signed by applicant - Cheque was returned dishonoured on the ground of non sufficiency of funds - Demand notice issued by respondent neither replied by nor the amount of such cheque was paid by him - In defence-statement applicant-accused stated that..........
CALCUTTA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 118-- Dishonour of cheque - Legally enforceable debt - Complainant established his case that he lent Rs.1,10,000/- to petitioner on his request who agreed to repay - Plea of accused that he issued blank signed cheques to another person but complainant somehow managed to collect one of such cheques and..........
KARNATAKA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138,139-- Dishonour of Cheque - Presumption - Once execution of cheque is admitted, presumption arises u/s 139 of the Act in favour of complainant that said cheque was issued towards discharge of debt or liability - However, presumption is rebuttable if accused raised probable defence...........
KARNATAKA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138,139-- Dishonour of cheque - Loan of Rs.6 lacs - PW1 stated that it was one time payment whereas PW2 stated that it was given under several instalments - Complainant has failed to establish the initial burden and even if it is assumed that there is some presumption u/s 139 of the Act, the same stands..........
KARNATAKA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138,139-- Dishonour of Cheque - Presumption - Once execution of cheque is admitted, presumption arises u/s 139 of the Act in favour of complainant that said cheque was issued towards discharge of debt or liability - However, presumption is rebuttable if accused raised probable defence...........
KARNATAKA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138,139-- Dishonour of cheque - Loan of Rs.6 lacs - PW1 stated that it was one time payment whereas PW2 stated that it was given under several instalments - Complainant has failed to establish the initial burden and even if it is assumed that there is some presumption u/s 139 of the Act, the same stands..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of Cheque - Use of different ink and different writing on cheque - Presumption as to - Held, it does not in each and every case follow that it was altered without knowledge and consent of the person who issued the same - In the circumstances, it can not be said that complainant has made..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138,139-- Dishonour of cheque - Legally enforceable debt - Presumption is attached that if cheque was issued then it will be presumed that it was issued for consideration - Held, in those circumstance, it is not necessary for complainant to prove that there was some existing liability...........

Showing : 241-250 of 514 Results