Negotiable Instruments Act, 1881, Section 138, 118 -- Dishonour of cheque - Complaint u/s 138 of the Act - Presumption - Strict liability - Can be enforced only when cheque is issued in discharge of any legally enforceable debt or other liability partly or wholly - Onus lies on complainant to establish that cheque was signed by drawer in discharge of `Legally Enforceable..........
Negotiable Instruments Act, 1881, Section 138, 118 -- Dishonour of cheque - Complaint u/s 138 of the Act - Presumption - It is rebuttal by evidence of executant and circumstances of case - Presumption u/s 118 of the Act is that cheque is made for consideration...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Complaint u/s 138 of the Act - Appeal against acquittal - Presumption - As per complainant, he advanced money to accused and filed complaint against him on account of dishonour of cheque - Complainant failed to show any income and expenditure record available with him - Complainant failed to..........
Revenue entries -- Conflict in entries - It is the later entry which prevails - Presumption of truth is attached to the later entries, but the same is rebuttable one and it stands rebutted by the fact that alteration in the later entries was made unauthorisedly or mistakably, there being no material to justify the change of entries...........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Presumption - Appeal against acquittal - Friendly loan - Capacity to advance loan - There is no document on record to show the loan transactions - Even, no date has been mentioned as to when loan was given to accused - Moreover, there is nothing in..........
Revenue entries -- Conflict in entries - Whenever there is any conflict between revenue entries, it is the later entry which prevails - Presumption of truth is attached to later entries - But the same is rebuttable one and it would stand rebutted by the fact that alteration in the later entries was made u, authorizedly or mistakably there being no material to justify the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Offence u/s 138 of the Act though technical, is punitive in nature - Once accused rebuts initial presumption it is imperative upon complainant to prove beyond reasonable doubt that cheques issued towards existing debt or liability - In the instant case, complainant failed to discharge his burden hence,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Amendment sought to incorporate subsequent event whereby landlord agreed to sell the property in question in favour of tenant/defendant - However, agreement not signed by landlord on the basis of which amendment is sought - Amendment as such on the basis of alleged..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), 8(c), 18, Criminal Procedure Code, 1973, Section 438 -- Bail - Bar to grant anticipatory bail - Accused allegedly caused death of deceased and assaulted informant - Parties being co-villagers are known to each other thus attract presumption u/S.8(c) of the Act - Evidence of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(c) -- Recovery of 20.774 kgs of hashish - Court cannot disbelieve testimony of official witnesses solely on presumption that witness from department should be viewed with distrust...........
