this
section, "debt or other liability" means a legally enforceable debt
or other liability.
Section 139- Presumption in favour of holder
It shall ... satisfied, i.e.,
I. That there should be a legally enforceable debt;
II. That the cheque should have been drawn from the account
advance of loan
and therefore the existence of any legally enforceable debt on the
Respondent was doubtful. The Trial Court was of the view that ... this section, "debt or other liability" means a
legally enforceable debt or other liability.
Section 139- Presumption in favour of holder
It shall
once the signatures are admitted on the cheque,
existence of legally enforceable debt or liability has to be
presumed and further, as the respondent ... barred debts, which does not come
within the purview of legally enforceable debt as contemplated
under Section 138 of the NI Act.
10. The Appellate
discharge of a time barred debt. It cannot be
said that a time barred debt is a legally enforceable debt. In
this connection ... debt arising out of the agreement dated 14.6.2000 which had
become time barred and as such debt was not a legally enforceable
debt within
right of the
person enforcing ft. If there is no legal impediment for
enforceability of a debt or other liability in general, disability ... enforce such right to recover
such debt or liability does not render such debt or liability not
legally enforceable debt or liability. The intention
this section, "debt or other liability" means a legally
enforceable debt or other liability.
Section 139- Presumption in favour of holder
It shall ... satisfied, i.e.,
I. That there should be a legally enforceable debt;
II. That the cheque should have been drawn from the
account
purposes of this section, debt of other liability
means a legally enforceable debt or other liability."
25. It is a settled law that ... raised that the cheque pertained to
a legally enforceable debt or liability, however, this presumption is of a
rebuttal nature and the onus is then
show that the cheques
were issued in discharge of an enforceable debt/liability and hence, there
was no reason to acquit the Respondent. Reliance ... purposes of this section, debt of other liability
means a legally enforceable debt or other liability."
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
been passed in a mechanical manner, and
there is no legally enforceable debt or liability for which the
respondent can demand any amount. He further ... represent an amount that could be
termed as "legally enforceable debt or other liability". He places
reliance on Indus Airways Private Limited
been passed in a mechanical manner, and
there is no legally enforceable debt or liability for which the
respondent can demand any amount. She further ... Signing Date:21.09.2024
19:06:00
termed as 'legally enforceable debt or other liability'. She placed
reliance on Indus Airways Private Limited
