Showing : 221-230 of 383 Results

KARNATAKA HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Rebuttal of presumption - Repayment of loan by cheque - Earlier cheque not returned which was alleged to be lost - Letter admitting repayment also produced - Held, accused prima facie established that he repaid the loan amount - Though complainant disputed repayment of loan..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Punjab Civil Services ( Punishment and Appeal) Rules, 1970,-- Departmental enquiry - Inquiry Officer - Principles of natural justice - Violation of - Statement of the witnesses not recorded in the presence of the delinquent nor he was given opportunity to cross - examine the witness - No opportunity afforded to lead his evidence in rebuttal - Enquiry Officer..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 18, Rule 3-- Rebuttal evidence - Plaintiff while leading evidence if touches some issues the onus of which is on the defendant then it cannot be said that plaintiff had led evidence on those issues - It is only after the defendant has led his evidence that plaintiff will come to know the same and get an..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 18, Rule 3-- Rebuttal evidence - Agreement to sell - Alleged to be false and fabricated - Onus to prove on defendant - Expert witness sought to be examined in rebuttal - Held, unless a party leads evidence in support of the plea raised by him in terms of the onus put on him as per the issues framed, no..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), 20-- Illegal gratification - Acquittal by trial Court - Conviction by High Court - Recovery proved - Burden of rebuttal shifted upon accused who failed to rebut the same - Plea that it was not bribe but it was repayment of loan - Number of notes matched with the numbers noted in the ACB - Bushirt..........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Rebuttal - For rebutting the presumption it is not necessary in every case for the accused to step into the witness box - Standard of proof on the part of accused and that of a prosecution in a criminal case is different...........
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Year of decision: 2009
Details
Consumer Protection Act, 1986, Section 13(1)-- Summary jurisdiction - Question technical in nature - Grape farm - Damage to grapes crop due to use of bio - fertilizer Zymegold - The issues involved are simple in nature and cannot be said to be complicated questions of facts or law which cannot be decided in consumer proceedings - The Consumer..........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of Cheque - Presumption as to guilt - Rebuttal of - Held, court taking cognizance of complaint u/s 138 of the Act is required to be satisfied as to whether a prima facie case is made out under said provision - Drawer of cheque undoubtedly gets an opportunity u/s 139 of the Act to rebut..........
RAJASTHAN HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment - Sought at the stage when case was fixed for rebuttal evidence - Amendment sought in no manner alters or substitutes the stand already taken by defendants - Amendment sought only an elaboration of the defence already set out - An application for amendment cannot be..........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Presumption - Once issuance of cheque is proved then burden shifts to accused to prove that it was not issued in order to discharge any existing legal liability for repayment of debt - Standard of proof for rebuttal of such presumption is not heavy - The accused is required..........

Showing : 221-230 of 383 Results