Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act is a rebuttable presumption - Standard of proof required to rebut said presumption is on preponderance of probabilities...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Once a cheque is issued for discharge of any debt or liability it shall be presumed that it was issued by drawee - Burden is upon accused to disprove that it was not issued by him...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Appeal against acquittal - There is no evidence that complainant advanced amount to accused and accused indebted to complainant for said amount - Moreover, as per complainant, accused executed promissory note but there is no such promissory note on record to prove allegations - Order..........
Negotiable Instruments Act, 1881, Section 138, 118(a), 139 -- Dishonour of cheque - Conviction - Suppression of crucial facts like nature and date of transaction and also date of issuance of cheque by complainant - Admission by accused regarding signing of blank cheque does not amount to execution of cheque - It is duty of complainant to prove said execution - Failure of..........
Motor Vehicles Act, 1988, Section 138, 139, Chhattisgarh Motor Vehicle Rules, 1994, Rule 158 -- Constitutional validity of R.158 of the Rules, 1994 after amendment of 2013 - Prospective - Law laid down under R.158 of the Rules, 1994 is prospective in nature because it operates from date when it comes into force when it is enacted - Therefore, if law affects some persons..........
Motor Vehicles Act, 1988, Section 138, 139, Chhattisgarh Motor Vehicle Rules, 1994, Rule 158, Constitution of India, 1950, Article 226 -- Seating arrangement - Judicial review - It is for State and Transport Department to decide which bus should be permitted to have sleeper in it - Even, such decision is to be taken by experts and Courts cannot exercise its power of..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Debt or legal liability - Presumption - Evidence on record established that accused was under an obligation or liability to make payment of cheque amount - However, accused failed to make payment of said amount despite service of demand notice - Accused tried to prove no, existence of any debt or..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Complainant is required to establish case beyond reasonable doubt and accused can discharge its burden by preponderance of probabilities - This can only be done on basis of cross examination of witness of complainant and any other material available on record - It is not..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Presumption - Rebuttal - No document to prove loan transaction - Evidence on record shows probable version given by accused is correct - Complainant failed to prove his case against accused beyond shadow of reasonable doubt - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Presumption - Admittedly, complainant has no friendly relationship with accused, hence, there is doubt that why complainant will give such a huge amount without getting executed any security document - Even, there is nothing on record to show any..........
