Magistrate failed to appreciate the
correct import and implication of the statutory presumption under
Section 139 of the Act. The learned Magistrate committed a serious ... para 14). Such a presumption is a presumption of law,
as distinguished from a presumption of fact which describes
::: Uploaded on - 11/01/2018 ::: Downloaded
support of her
submission that the accused failed to rebut the statutory
presumption under section 139 of the Act.
Shri Makrand Agnihotri, the learned counsel ... para 14). Such a
presumption is a presumption of law, as distinguished
from a presumption of fact which describes provisions
by which the court
Magistrate failed to appreciate the
correct import and implication of the statutory presumption under
Section 139 of the Act. The learned Magistrate committed a serious ... para 14). Such a presumption is a presumption of law,
as distinguished from a presumption of fact which describes
::: Uploaded on - 11/01/2018 ::: Downloaded
Magistrate failed to appreciate the
correct import and implication of the statutory presumption under
Section 139 of the Act. The learned Magistrate committed a serious ... para 14). Such a presumption is a presumption of law,
as distinguished from a presumption of fact which describes
::: Uploaded on - 11/01/2018 ::: Downloaded
offence punishable under Section 138 of NI Act, as the
statutory presumption under Sections 118 and 139 of NI Act has been
strongly created ... accused" (ibid). Such a presumption
is a presumption of law, as distinguished from
a presumption of fact which describes
provisions by which the court
Public Prosecutor
Shri S.S. Doifode would strenuously contend
that the statutory presumption under Section
29 of the POCSO Act is absolute. The date ... POCSO Act,
is the submission. The submission that the
statutory presumption under Section 29 of the
POCSO Act is absolute, must be rejected
Instruments Act give a favourable tilt towards the complainant, such a statutory presumption is always a rebuttable presumption only.
27.In this regard, if decree ... Sections 139 and 118 of the Negotiable Instruments Act, that the statutory presumption since in favour of the complainant, the complainant has established the initial
Magistrate failed to
appreciate that the accused could not rebut the statutory
presumption under section 118(a) and 139 of the Act. The
defence, that ... para 14). Such a
presumption is a presumption of law, as distinguished
from a presumption of fact which describes provisions
by which the court
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
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
