Showing : 221-230 of 360 Results

KARNATAKA HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Mere denial of case of complainant does not amount to rebuttal of presumption - Accused failing to prove that as on date of dishonour of cheque he had sufficient amount in his account and that cheque has been dishonoured for reason other than want of sufficient..........
MADRAS HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Hire purchase agreement between parties - Presumption u/s 139 - Rebuttal of - Quashing of proceedings - In complaint it is clearly mentioned that even after seizing the vehicle and selling the same and after realizing the amount from sale proceeds, there was further amount..........
KARNATAKA HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 139, 118-- Dishonour of cheque - Presumption - Rebuttal - As per S.118(a) and (b) consideration is supposed to have been received on the date of the cheque - However, if loan is taken on a particular day and for the discharge of the same, on a later date the loanee issued the cheque, the presumption u/s..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 118(a)-- Consideration - Presumption - Rebuttal - Mere denial that no consideration had passed is not sufficient to rebut the presumption and something probable had to be bought on record to prove the non-existence of consideration...........
THE CONSUMER DISPUTES REDRESSAL COMMISSION, UNION TERRITORY CHANDIGARH
Year of decision: 2008
Details
Housing-- Commercial booth - Resumption of booth - Deficiency in service - Categorical stand of appellants that basic facilities had been provided - There is no rebuttal from the side of respondent No.1 - Respondent No.1 not entitled to withhold the balance 75% of the amount which he was required to pay in..........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Legally enforceable debt - Presumption - Rebuttal - Not necessary for accused to produce evidence - Accused can discharge the onus placed on him even on the basis of material brought on record by the complainant...........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Legally enforceable debt - Presumption - Rebuttal - Loan of Rs.25 lacs - Complainant himself was in debt - No evidence produced to prove financial viability of complainant to raise such huge amount - Conviction of accused merely because he admitted his signature on disputed..........
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..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 139-- Dishonour of cheque - Presumption - Rebuttal - Accused need not examine himself to rebut the presumption - He may discharge the burden on the basis of materials already brought on record...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 139-- Dishonour of cheque - Presumption - Rebuttal - Standard of proof so as to prove a defence on the part of an accused is `preponderance of probabilities' - Inference of preponderance of probabilities can be drawn not only from the materials brought on records by the parties but also by reference to..........

Showing : 221-230 of 360 Results