Search Results Page
Search Results
1 - 10 of 26 (0.35 seconds)Section 139 in The Negotiable Instruments Act, 1881 [Entire Act]
The Negotiable Instruments Act, 1881
Section 118 in The Negotiable Instruments Act, 1881 [Entire Act]
Section 20 in The Negotiable Instruments Act, 1881 [Entire Act]
Bir Singh vs Mukesh Kumar on 6 February, 2019
"18. Even if we take the arguments raised by
the appellants at face value that only a blank
cheque and signed blank stamp papers were given
to the respondent, yet the statutory presumption
cannot be obliterated. It is useful to cite Bir Singh v.
Mukesh Kumar, where this court held that:
Section 80 in The Negotiable Instruments Act, 1881 [Entire Act]
Section 79 in The Negotiable Instruments Act, 1881 [Entire Act]
M/S Laxmi Dyechem vs State Of Gujarat & Ors on 27 November, 2012
In Laxmi Dyechem v. State of Gujarat,
this Court reiterated that in view of Section 139, it
has to be presumed that a cheque was issued in
discharge of a debt or other liability but the
presumption could be rebutted by adducing
evidence. The burden of proof was however on the
person who wanted to rebut the presumption. This
Court held "however, this presumption coupled with
the object of Chapter XVII of the Act leads to the
conclusion that by countermanding payment of a
post-dated cheque, a party should not be allowed
to get away from the penal provision of Section
138 of the Act"."