Showing : 121-130 of 284 Results

CALCUTTA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114(f)-- Dishonour of cheque - Service of demand notice - Presumption as to - Held, once it is established that notice was sent under registered post with acknowledgment due, prepaid and correctly address, requirement of S.138 of the N.I. Act shall be deemed to have been complied with - Presumption is..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Possession -- Plaintiff filed suit against defendants alleging that he is co-owner to extent of half share in suit land - He proved that defendants have encroached upon suit land - No rebuttal to credible evidence led by plaintiff - Defendants have also not claimed ownership over suit land nor claimed adverse..........
KARNATAKA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption as to - Rebuttal - Lease transaction was between mother of accused and complainant - All the balance amount was paid by mother of accused to complainant - Held, question of accused being due of any sum towards repayment of lease amount, therefore, does not arise -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence - Permission for - Held, whenever defendant has to seek permission for additional evidence, it has to be at the stage of rebuttal evidence and arguments and cannot be at any earlier stage...........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption u/s.139 - Rebuttal of - Standard of proof - Held, when an accused has to rebut presumption u/s.139 of the Act, standard of proof for doing so is that of "Preponderance of probabilities" - If accused is able to raise a probable defence, which creates doubt about..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138,139, Evidence Act, 1872, Section 114-- Dishonour of cheque - Presumption - Rebuttal - Cheque issued against loan which was entered in books of account and counter-signed by accused - Books of account not produced - Books of account are material and relevant evidence - Held, withholding of material and relevant evidence amounts to..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 18, Rule 3-- Rebuttal evidence - Once the burden on the issue, in discharge of which evidence in rebuttal is sought to be led was on plaintiff, his prayer to lead evidence in rebuttal could not be accepted...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption u/s 139 - Rebuttal of - Standard of proof - Held, a presumption which has to be raised by Courts as required u/s 139 of the Act in favour of complainant need not be rebutted by accused by adducing any positive evidence - It is enough on his part to show the..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 18, Rule 3-- Rebuttal evidence - Whether a case falls U.O.18.R.3 CPC depends upon the issues arising therein...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 18, Rule 3-- Rebuttal evidence - Plaintiff reserved his right to lead rebuttal evidence by filing a Memo - Not opposed - Held, unless defendant had contested the Memo filed by plaintiff and pleaded that the case does not fall U.O.18.R.3 CPC, it is not permissible to challenge the order reserving the right to..........

Showing : 121-130 of 284 Results