Showing : 171-180 of 284 Results

SUPREME COURT OF INDIA
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 139-- Presumption - Rebuttal - Accused is not expected to prove his defence beyond reasonable doubt - Accused may adduce direct evidence to prove that the note in question was not supported by consideration and that there was no debt or liability to be discharged by him - Direct evidence to disprove the..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 139-- Presumption - Rebuttal - Accused may rely upon circumstantial evidence - Accused can rely upon presumption of fact as mentioned in S.114 of Evidence Act - Accused has also an option to prove the non existence of consideration and debt or liability either by letting in evidence or in some clear and..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Evidence Act, 1872, Section 65, Registration Act, 1908, Section 57(5)-- Secondary evidence - Registered sale deed could not be traced in spite of search - Existence and loss of original sale deed proved - There is a presumption that a registered document is validly executed - No rebuttal to the said presumption - Held, the document in question is admissible in..........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Rebuttal - Cheque amount Rs.7.2 lakhs - Accused taking plea that signed cheques were stolen by his employee who had close relationship with complainant - Accused had also lodged a report with police and instructed his Bank to stop payment - Plea of complainant..........
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..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 18, Rule 3-- Rebuttal evidence - Onus to prove some issues was on the defendant - Defendant confronted some documents and marked those documents while plaintiff was leading evidence - Those documents duly proved by defendant while he was leading evidence - Held, plaintiff gets a right to lead rebuttal evidence..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 18, Rule 3-- Rebuttal evidence - Once an issue the onus of which initially is on the defendant, the plaintiff certainly has right to rebut the evidence led by the defendant on that issue...........
BOMBAY HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118(a)-- Dishonour of cheque - Consideration - Presumption - Rebuttal - It is not necessary for accused to disprove the existence of consideration by way of direct evidence - Accused can raise a probable defence from the material brought on record by him as well as by the complainant - Presumption could be..........

Showing : 171-180 of 284 Results