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Bonala Raju and anr. Vs. Sarupuru Sreenivasulu

Court : Andhra Pradesh

Subject : Civil

Acts : Negotiable Instruments Act, 1881 - Sections 118; Evidence Act, 1872 - Sections 73 and 102

Reported in : 2006(1)ALD745; 2006(2)ALT202

appellants is that since the Courts below solely based on the presumption arising under Section 118 of the Negotiable Instruments Act, 1881 (for short 'the Act') ignoring the fact that the respondent failed to prove Ex.A1 by examining its attestors … which it did, obviously, failing to keep in view the rules relating to burden of proof and especially Section 102 of the Evidence Act, which lay down that the burden of proof in a suit or proceeding lies

Tummala Tirumala Rao Vs. Pemmasani Laxmaiah

Court : Andhra Pradesh

Subject : Civil

Acts : Code of Civil Procedure (CPC) 1908 - Sections 102; Code of Civil Procedure (CPC) (Amendment) Act, 2002 - Sections 16(1) and 16(2); General Clauses Act, 1897 - Sections 5 and 6; Negotiable Instruments Act, 1881 - Sections 87 and 118

Reported in : 2004(3)ALT522; I(2005)BC125

short referred to as 'Code'?(2) Whether the Court below had appreciated the presumption under Section 118 of the Negotiable Instruments Act 1881 in proper perspective in the facts and circumstances of the case in relation to Ex. A-1?(3) Whether Ex. … law arise for consideration in the present Second Appeal:(1) Whether the Second Appeal is maintainable in view of Section 102 of the Code of Civil Procedure, hereinafter in short referred to as 'Code'?(2) Whether the Court below had

Onkar Nath Goenka Vs. Gujarat Lease Finance Ltd.

Court : Delhi

Subject : BankingCriminal

Acts : Negotiable Instruments Act, 1881 - Sections 138, 141 and 142; Code of Criminal Procedure (CrPC) , 1973 - Sections 102 and 482; Indian Penal Code (IPC), 1860 - Sections 34 and 420; Sick Industrial Companies Special Provisions Act - Sections 18, 20(1) and 22A

Reported in : IV(2008)BC514

and, thereafter a complaint-bearing C.C. No. 5427/1 alleging offences punishable under Sections 138, 141 and 142 of the Negotiable Instruments Act, 1881 read with Sections 420/34 of the Indian Penal Code (IPC). The petitioner being the Managing Director of M/s. … No. 11147 has been stopped with immediate effect as per the order of the CBI, dated 2.2.1998, under Section 102, Cr.P.C. and the said order continues till date. The factum of this communication has not been denied.4. Counsel

Chhabiladas Mangaldas Vs. Luhar Kohan Arja

Court : Gujarat

Subject : Commercial

Acts : Code of Civil Procedure (CPC), 1908 - Sections 100 and 102; Stamp Act, 1899 - Sections 2(22) and 35 - Schedule - Article 49; Negotiable Instrument Act, 1881 - Sections 13

Reported in : AIR1967Guj7; (1965)GLR893

fact, the terms thereof satisfy the definition of a negotiable instrument as given in S. 13 of the Negotiable Instruments Act, 1881. If, having regard to the Explanation attached to that section, the document is found to be a promissory … trial court and dismissed the appeal. Mr. Hathi on behalf of respondent raises a Preliminary objection, based on Section 102, Civil Procedure Code, 1908. He contents that, a the claim involved in the suit does not exceed Rs.1,000

Canara Bank Vs. Vara Trading Co. and ors.

Court : Karnataka

Subject : Banking

Acts : Evidence Act - Sections 92, 101 and 102; Negotiable Instruments Act, 1881 - Sections 118; Limitation Act, 1963 - Sections 18 - Schedule - Article 62; Transfer of Property Act, 1882 - Sections 54 and 58; Constitution of India - Article 39

Reported in : AIR2006Kant88; I(2007)BC541; [2006]133CompCas482(Kar); ILR2006KAR130; 2006(4)KarLJ239

vide Ex.P4, P5, and P6, the presumption is in favour of bank as provided under Section 118 of Negotiable Instruments Act, 1881. No rebuttal evidence is adduced by the defendants in this regard. Therefore, he has contended that the findings … proof shifted upon them to prove the above contention, the same has not been discharged as required under Section 102 of the Indian Evidence Act. Further, he has contended that having regard to the admissions made by defendants

A. Velappan Pillai Vs. R. Sudhakaran Pillai

Court : Chennai Madurai

Subject : Land Acquisition

costs. Consequently, the connected miscellaneous petition is closed. Code of Civil Procedure, 1908 Section 26 (2), Section 100 Negotiable Instruments Act, 1881 Section 138 Indian Evidence Act Section 45, Section 47, Section 73, Section 102 Validity of Order Whether, Courts below

Polo Knit Wear vs a.Thiruppathi Raj

Court : Chennai

In support of the same, the learned counsel for respondent filed a petition under Section 147 of the Negotiable Instruments Act, 1881 in Crl.M.P.No.309 of 2026 for compounding the offence, along with the copy of demand draft for a sum

M/S.Vahini Apparels vs M.Manikavasagar

Court : Chennai

parties filed a compounding petition in Crl.M.P.No.9854 of 2025 in Crl.R.C.No.327 of 2022 invoking Section 147 of the Negotiable Instruments Act, 1881 for compounding the offence.6.In view of the compromise arrived at between the parties and considering the petition under

Lothamasu Sambasiva Rao Vs. Thadwarthi Balakotiah

Court : Andhra Pradesh

Subject : Civil

Acts : Stamp Act, 1899 - Sections 35 and 36; Evidence Act - Sections 91; Contract Act - Sections 70

Reported in : AIR1973AP342

in evidence under Section 35 of the Stamp Act'.106. A negotiable instrument, according to Section 13 of the Negotiable Instruments Act 1881, means a promissory note, bill of exchange or cheque payable either to order or bearer. An instrument according … of Petheram. C.J., was based on what is stated in Farr v. Price, (1800) 1 East 55 = 102 ER 22 viz. That the existence of an unstamped promissory note does not debar the plaintiff from recovering

Suman Sethi Vs. Ajay K. Churiwal and anr.

Court : Supreme Court of India

Subject : CriminalBanking

Acts : Negotiable Instruments Act, 1881 - Sections 138 and 139

Reported in : AIR2000SC828; 2000(1)ALD(Cri)550; (2001)1CALLT1(SC); [2000]100CompCas444(SC); 2000CriLJ1391; (2000)2GLR1071; JT2000(1)SC493; 2000(1)KLT701(SC); 2000(2)MPHT411; 2000MPLJ610(

respondent No. 1 gave a notice of demand as required under proviso (b) to Section 138 of The Negotiable Instruments Act, 1881, as amended, for short 'the Act'. As the appellant failed to meet the demand, a complaint was filed … pragmatically viewed and not with high powered spectacles or microscopes to detect slight or even marginal overstepping. Sections 102 & 105: Right of private defence Commencement and continuance Held, The right commences, as soon as a reasonable