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Results of s 118 of n i act

Showing : 21-30 of 396 Results

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - When presumption is drawn then result of such presumption is to existence of legally enforceable debt and factors relating to want of documentary evidence in the form of receipts or accounts or want of evidence such as regards source of funds are not of relevant consideration..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Rebuttal - Preponderance of probabilities - Accused has to bring on record such facts and such circumstances which may lead the Court to conclude either that consideration did not exist or that its non existence was so probable that a prudent man would, under the circumstances of..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Source of funds - Once presumption u/ss 139, 118 is drawn the onus shifts to accused - Unless accused discharges the onus by bringing on record such facts and circumstances as to show preponderance of probabilities in his favour, any doubt on the complainant's case could not be raised for want..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Evidence Act, 1872, Section 118, Indian Penal Code, 1860, Section 302, 394, 34 -- Testimony of child witness - Murder and robbery - PW8 being child witness is not an eye witness to the incident - She was aged about 9 years at the time of incident - Evidence of PW8 is fraught with inconsistencies - None of other witnesses have identified the accused - PW8 did not tell about..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 4, 118, Civil Procedure Code, 1908, Order 7, Rule 2 -- Suit for recovery on basis of promissory note - Presumption - Default in payment of loan borrowed by promisor/defendant despite issuance of legal notice - Plea of promisor/defendant that promisee/plaintiff fail to mention loan amount in his income tax return thereby he fail to..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2019
Details

Andhra Pradesh Municipalities Act, 1965, Section 114, 115, 116, 117, 118, Andhra Pradesh Municipalities (Advertisement Tax) Rules, 1967, Rule 10, 15, 16, 18 -- Unauthorized adversitement - High Court earlier issued direction for levy of penalty and removal of unauthorized cutouts, flexi boards, banners and posters across State - After directions unauthorized advertisements..........

MADRAS HIGH COURT

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 118 -- Promissory note - Presumption - Statutory presumption u/s 118 of the Act is rebuttable presumption - To rebut such presumption, there need not be direct evidence - Even circumstances, even admission from parties can be taken note of to rebut presumption...........

MADRAS HIGH COURT

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 118 -- Promissory note - Presumption - Non-reply to legal notice sent by plaintiff - Mere no, reply to notice is not an admission of liability, but conduct of defendant in not disputing the document at earliest point of time cannot be ignored altogether...........

MADRAS HIGH COURT

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 118 -- Promissory note - Presumption - Execution of promissory note proved by plaintiff with the help of attesting witness - Legal presumption u/s 118 of the Act attracted - Defendant has not brought any circumstance to rebut said presumption - By mere denial of signatures on promissory note, one cannot succeed in rebutting legal..........

MADRAS HIGH COURT

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 118 -- Promissory note - Consideration - Presumption - Promissory note executed towards payment of dowry as security for such payment - No consideration passed under promissory note - More so, four persons executed the promissory note - Plaintiff not disclosed that one of said persons not signed promissory note - He thus,..........

Showing : 21-30 of 396 Results