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Mohan vs Viswanathan
cites
Section 138 in The Negotiable Instruments Act, 1881 [Entire Act]
Section 118 in The Negotiable Instruments Act, 1881 [Entire Act]
Bharat Barrel And Drum Manufacturing ... vs Amin Chand Payrelal on 18 February, 1999
31. A Division Bench of this Court in Bharat Barrel and Drum Mfg. Co. v. Amin Chand Payrelal, 1999 (3) SCC 35, albeit in a Civil case laid down the law in the following terms: (SCC pp.50-51, para 12).
P.Krishnasamy vs Delta Knit Wearables on 28 June, 2011
14. For the purpose of substantiating this submission, the learned counsel relied upon the following judgment in the case of P.Krishnasamy v. Delta Knit Wearables, represented by its Partners R. Thiruvengadam and Others, reported in (2012) 2 MLJ (Crl.) 331. Para 14, 15, 21 and 22 is extracted hereunder.-
M.S. Narayana Menon @ Mani vs State Of Kerala & Anr on 4 July, 2006
In this regard, the Law laid down by the Hon'ble Apex Court in M.S. Narayana Menon @ Mani v. State of Kerala and another, 2006 (6) SCC 39, can be taken as a precedent. The Hon'ble Apex Court in the said Judgment cited supra has stated that the presumption under Sections 118 and 139 shall be with the standard of proof of preponderance of probability only. The relevant portions of the said Judgment are extracted hereunder:
Rangappa vs Sri Mohan on 7 May, 2010
"26. In light of these extracts, we are in agreement with the Respondent Claimant that the presumption mandated by Section 139 of the Act does indeed include the existence of a legally enforceable debt or liability. To that extent, the impugned observation in Krishna Janardhan Bhat, 2008 (4) SCC 54 : 2008 (2) SCC (Cri) 166, may not be correct. However, this does not in any way cast doubt on the correctness of the decision in that case since it was based on the specific facts and circumstances therein. As noted in the citations, this is of course in the nature of a rebuttable presumption and it is open to the Accused to raise a defence wherein the existence of a legally enforceable debt or liability can be contested. However, there can be no doubt that there is an initial presumption, which favours the Complainant.
N.Lakshmi vs P.Damodarasamy on 22 March, 2018
(ii) N. Lakshmi v. P. Damodarasamy, 2018 (1) LW Crl. 584. The relevant paragraphs are usefully extracted here under:
Section 397 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 401 in The Code of Criminal Procedure, 1973 [Entire Act]
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