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1 - 9 of 9 (0.24 seconds)The Code of Criminal Procedure, 1973
The Negotiable Instruments Act, 1881
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 315 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 27 in The General Clauses Act, 1897 [Entire Act]
M/S Kumar Exports vs M/S Sharma Carpets on 16 December, 2008
12. As per judgment passed by the Hon'ble Supreme Court of India
in case titled as M/s Kumar Exports Vs. Sharma Carpets, AIR (2009)
2, the accused persons are only expected to rebut the presumptions of
law on the scale of preponderance of probabilities and are not required
to prove their defence beyond reasonable doubt. In the present case
the accused persons have adduced sufficient strong evidence
probabilising their plea of defence which is enough to compel the court
for believing in its existence. Accordingly, the accused persons have
discharged their initial burden and the onus shifts back upon the
complainant. Now the presumptions will not come again for the rescue
of complainant and he has to prove its case beyond reasonable doubt.
The complainant has miserably failed to discharge the burden of proof
lying upon him.
Section 118 in The Negotiable Instruments Act, 1881 [Entire Act]
Section 139 in The Negotiable Instruments Act, 1881 [Entire Act]
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