Showing : 1-10 of 4924 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Evidence Act, 1872, Section 138-- Cross-examination - Right to cross examine witness cannot be closed by merely on the ground of asking irrelevant question - Irrelevant question has to be discarded instead of closing right of cross examination - Impugned order set aside - Petitioner permitted to cross examine witness - As regards..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Delay in filing complaint - Complainant in his complaint specifically narrated circumstance that despite repeated requests to postal department, no acknowledgement of notice was furnished - It was in these circumstances complainant issued a second notice - Complainant..........
TRIPURA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Plea that loan not advanced through account payee cheque and thus violated the provision of S.269-SS of Income Tax Act - Advancing loan not in consonance with the provision of S.269-SS of Income Tax Act will not make the proceedings u/s 138 of the Act bad in law...........
TRIPURA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Accused himself admitted that he gave three cheques to complainant, thereby accused made false G.D entry regarding missing of cheques - It is also shown from conduct of accused that he did not recognize any importance to demand notice being not signed by concerned advocate -..........
TRIPURA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Served through Advocate - Notice signed by complainant but without signatures of issuing Advocate - There is no requirement of law that notice is to be sent through Advocate - It is the payee or the holder who is to make the demand in writing - Finding that notice is..........
TRIPURA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Demand notice, either by express or by reasonable intendment, must inform the party to whom it is given : (i) That the instrument has been dishonoured (the instrument should be identified in the notice, otherwise the notice will be invalid); (ii) In what way the..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Signature on cheque admitted - There is presumption that cheque was issued in discharge of debt or liability...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Rebuttal - Financial capacity to advance loan - There was no satisfactory explanation to question put in cross examination as to financial capacity of complainant - Evidence on record thus shows a probable defence on behalf of accused, which shifts burden on..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Rebuttal - Financial capacity to advance loan - Evidence on record shows a probable defence on behalf of accused, which shifts burden on complainant to prove his financial capacity and other facts - Finding of Trial Court that complainant failed to prove his..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118(a)-- Dishonour of cheque - Presumption - Governing principles - Summarised : (i) once execution of cheque is admitted, S.139 of the Act draws presumption that cheque was in discharge of any debt or other liability; (ii) presumption u/s 139 is rebuttal presumption and onus is on accused to raise..........

Showing : 1-10 of 4924 Results