same, therefore, stood duly proved.
Once his possession, was proved, statutory presumption under Sections
35 and 54 of the Act, operated against him, that ... conscious
possession thereof. It was for him, to rebut the statutory presumption,
by leading cogent and convincing evidence. He, however, failed to lead
any evidence
legally enforceable, as such no benefit can be derived from the statutory presumption under Section 138 of the Act.
11. Admittedly, after the notice ... indorsed, negotiated or transferred for consideration."
13. As already observed, statutory presumption is attached to a negotiable instrument, cheque in the present case, after
legally enforceable debt or
other liability.
22. There is a statutory presumption under section 139 of the act which arises in
the favour ... Court has discussed in detail
the scope and ambit of statutory presumption under section 118 read with
section 139 of the Act. The relevant extract
that when a
cheque is dishonoured, there shall be a statutory presumption as
regards existence of a debt or liability. Section 139 of the Negotiable ... effect of Sections 138 and 139 of Negotiable
Instruments Act raising statutory presumption that the cheque was
issued in discharge of a liability
commits the offence if he issues
the cheque dishonestly.
26. A statutory presumption has an evidentiary
value, the question as to whether the presumption stood ... defense evidence is to be considered
whether the statutory presumption and evidence of
complainant is rebutted. Accused himself got examined
doubt
about the proposition that no presumption is absolute and that every
presumption is rebuttable. A statutory presumption of this nature can be
::: Uploaded ... Public Prosecutor Shri S.S.
Doifode would strenuously contend that the statutory
presumption under Section 29 of the POCSO Act is absolute.
The date
made clear that, as per Section 118 Negotiable Instruments Act,
the statutory presumption has to be drawn in favour of
Judgment ... also made
clear that, the necessary to draw the statutory presumption in
favour of complainant based on the questioned cheque that,
unless the contrary
before us that the Family Court has failed to
appreciate the statutory presumption in favour of the appellant under
Section 6 of the Hindu Minority ... resident
of minor children follows the mother, by virtue of the statutory
presumption. It is the mother, who has to be given the custody
favour of the complainant
and therefore based on such a statutory presumption, the trial Court
proceeded to dispose the case. While that being ... first appellate
court, without appreciating the statutory presumption already
established in favour of the complainant, has simply set aside the
Judgment and conviction made
since this case is under
the POCSO Act , there is a statutory presumption under Section 29 of the
Act then it is for the accused ... rebut the statutory presumption that he
has no sexual intent or culpable mental state in the manner known to law.
21. Further, in sofar
