NI-118

Presumption under Section 139 read with Section 118 of the NI Act is essentially based on pure common sense – Amit Jain Vs. Sanjeev Kumar Singh and Anr. – Delhi High Court

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Presumption under Section 139 read with Section 118 of the NI Act is essentially based on pure common sense – Amit Jain Vs. Sanjeev Kumar Singh and Anr. – Delhi High Court Read Post »

Presumption under Negotiable Instruments Act, 1881 and Principles underlining the exercise of power to adjudicate a challenge against acquittal bolstered by concurrent findings – Sri Dattatraya Vs. Sharanappa – Supreme Court

This judgment covers:

A. Proceedings under Section 138 of the NI Act 1881 can be initiated even if the cheque was originally issued as security
B. Essential conditions under Section 138 of the NI Act, 1881
C. Cause of action
D.1 Presumption under Section 118 of NI Act
D.2 Presumption under Section 139 of NI Act
D.3 A reverse onus clause
D.4 Conclusion: Presumption under NI Act
D.5 Adducing evidence for rebuttal of the statutory presumption
E. Broad Principles: Adjudicate a challenge against concurrent findings

Presumption under Negotiable Instruments Act, 1881 and Principles underlining the exercise of power to adjudicate a challenge against acquittal bolstered by concurrent findings – Sri Dattatraya Vs. Sharanappa – Supreme Court Read Post »

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