Search Results Page
Search Results
1 - 10 of 21 (1.30 seconds)Section 139 in The Negotiable Instruments Act, 1881 [Entire Act]
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Rangappa vs Sri Mohan on 7 May, 2010
In Rangappa versus Sri Mohan[9], this Court held
that once issuance of a cheque and signature thereon are
admitted, presumption of a legally enforceable debt in favour
of the holder of the cheque arises. It is for the accused to
rebut the said presumption, though accused need not
adduce his own evidence and can rely upon the material
submitted by the complainant. However, mere statement of
the accused may not be sufficient to rebut the said
::: Downloaded on - 29/06/2018 22:59:20 :::HCHP
37
presumption. A post dated cheque is a well recognized mode
of payment."
Section 142 in The Negotiable Instruments Act, 1881 [Entire Act]
The Negotiable Instruments Act, 1881
Section 4 in The Indian Evidence Act, 1872 [Entire Act]
Hiten P. Dalal vs Bratindranath Banerjee on 11 July, 2001
26. Hon'ble Apex Court in Hiten P. Dalal vs
Bratindranath Banerjee, 2001(1) Apex Court Journal 617
(SC), has held that although by reason of Sections
138 and 139 of the Act, presumption of law as distinguished
from presumption of fact is drawn, the Court has no other
::: Downloaded on - 29/06/2018 22:59:19 :::HCHP
24
option but to draw the same in every case where the factual
basis of raising the presumption is established. 'Presumptions
.
M/S Indus Airways Pvt. Ltd And Ors vs M/S Magnum Aviation Pvt Ltd And Anr on 7 April, 2014
In M/S Indus Airways (supra), Hon'ble Apex
Court dismissed the complaint on the ground that there was
no existing liability since contract had been terminated on
the date of presentation of cheque for encashment and there
was no existing, ascertained or liquidated liability or debt,
rather, cheques were given as advance towards sale
consideration and not for realization of any certain damage
that may arise on account of wrongful termination of
purchase order by the purchaser.