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1 - 10 of 14 (0.27 seconds)Section 139 in The Negotiable Instruments Act, 1881 [Entire Act]
The Negotiable Instruments Act, 1881
The Companies Act, 1956
Section 65 in The Negotiable Instruments Act, 1881 [Entire Act]
Section 118 in The Negotiable Instruments Act, 1881 [Entire Act]
Section 87 in The Negotiable Instruments Act, 1881 [Entire Act]
Section 20 in The Negotiable Instruments Act, 1881 [Entire Act]
Section 142 in The Negotiable Instruments Act, 1881 [Entire Act]
K.N. Beena vs Muniyappan And Another on 18 October, 2001
19. At this juncture I would also like to discuss the
citation reported in AIR 2018 Hon'ble Supreme Court
3601 (T.P Murugan (Dead) Thr.Lrs.V Bojan AND Posa
Nandhi Rep.Thr, POA Holder, T.P Murugan v. Bojan)
In this ruling at para-8 the Hon'ble Supreme Court has
laid down the dictum of law that u/s 139 of the N.I Act,
once a cheque has been signed and issued in favour of
the holder, there is statutory presumption that it is
issued in discharge of a legally enforceable debt or
CC.No.25133/2018
25
liability by referring to K.N.Beena v/s
Muniyappan and Another, (2001) 8 SCC 458,
para-6 and Rangappa v/s Shrimohan (2010) 11
SCC 411, para 26 . It is further held that the
presumption is a rebuttable one, if the issuer of
the cheque is able to discharge the burden that it
was issued for some other purpose like security
for a loan.