Negotiable Instruments Act, 1881, Section 118 -- Presumption - Rebuttal - Defendant can rebut the presumption by showing preponderance of possibilities in his favour to the effect that consideration as stated in the promissory note or in the plaint does not exist - He can rely on direct evidence or circumstantial evidence or on presumptions of law or fact...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Cheque issued towards repayment of loan - In order to draw presumption, heavy burden lies on complainant to show that he had required funds for having advanced the money and that the issuance of cheque in support of said payment advanced was true and that accused was bound to..........
Negotiable Instruments Act, 1881, Section 138, 118 -- Dishonour of cheque - Presumption - Complaint u/s 138 of the Act - Legally enforceable debt - Cheque dishonoured with remark `payment stopped by drawer' - There is loan transaction between complainant/respondent and accused/applicant - Accused admitted transaction, execution of documents and receipt of demand notice -..........
Negotiable Instruments Act, 1881, Section 138, 118, 139, 114(g) -- Dishonour of cheque - Presumption as to consideration - Held, presumption is a rebuttable one in law - It is open to accused to prove before appropriate/Competent Court of Law to the effect that cheque in issue is not supported by any valid consideration...........
Civil Procedure Code, 1908, Order 14, Rule 1, Negotiable Instruments Act, 1881, Section 118 -- Promissory note - Passing of consideration - Burden of proof - Held, it will be on the part of defendant to show that the promissory note is not supported by consideration - According to the issue framed by trial court, it is for plaintiff to prove the passing of consideration,..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Acquittal - Validity - Case of complainant that cheque issued by accused to repay borrowed amount was dishonoured - Cheques were obtained through intervention of police - Held, no reliance could be placed upon genuineness of case of complainant - Cheque is not supported by consideration and..........
Negotiable Instruments Act, 1881, Section 118 -- Presumption - Under S.118 of the Act, there is a presumption that a promissory note has been given for due consideration - The presumption is rebuttable one...........
Negotiable Instruments Act, 1881, Section 138,139,118(1) -- Dishonour of cheque - Presumption - S.139 of the Act creates a presumption in favour of the holder - The said provision has to be read in conjunction with S.118(a) of the Act...........
Negotiable Instruments Act, 1881, Section 118 -- Pronote - Consideration - Presumption as to - Rebuttal of - Held, casual denial of passing of consideration does not act as a valuable defence because something which is probable has to be brought on record for getting the benefit of shifting onus of proving case to plaintiff and defendant has to bring on record such facts..........
Negotiable Instruments Act, 1881, Section 138, 118(a), 139 -- Dishonour of cheque - Acquittal - Leave to appeal - Respondent No.2 rebutted presumption provided u/s.118(a) and S.139 of NI Act, 1881 by denying that he had received Rs.80,000/- from petitioner - By eliciting testimony from petitioner that he had no proof of payment of Rs.80,000/- to respondent No.2 and that he..........
