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Heerachand Vs. Jeevraj and anr.
Rajasthan
Mar-28-1958
Commercial
Negotiable Instruments Act, 1881 - Sections 118; Evidence Act, 1872 - Sections 3; Code of Civil Procedure (CPC) , 1908 - Sections 100-101
AIR1959Raj1
also the Act was not in force. It was held in that case that the provisions of the Negotiable Instruments Act 1881 in terms cannot be held to apply to cases of 'hundis' arising in the former State of Bikaner, … :1. Whether the rule as to presumption of consideration embodied in section 118 of the Negotiable Instruments Act is a technical provision which can come … of Marwar having regard to its decisions given over a number of years with, reference to several other sections of the Negotiable Instruments Act.39. My answer, therefore, to the first question is that the rule as to
Tag this Judgment! AI Brief & AskKirlampudi Sugar Mills Ltd. Vs. G. Venkata Rao
Andhra Pradesh
Oct-08-2002
Company
Companies Act, 1956 - Sections 47
2003(2)ALT550; [2003]114CompCas563(AP); [2003]42SCL798(AP)
elaborating his submissions had drawn my attention to Sections 4, 7, 26, 27, 28 and 118 of the Negotiable Instruments Act, 1881 and also to Sections 47 and 147(1)(c) of Companies Act, 1956. The learned Counsel further submitted that a
Tag this Judgment! AI Brief & AskAtlaz Degi-tel Pvt. Ltd. and ors. Vs. Atlaz Technology Pvt. Ltd. and a ...
Mumbai
Nov-29-2001
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 482; Constitution of India - Article 227; Negotiable Instruments Act, 1881 - Sections 118, 138 and 139; Arbitration and Conciliation Act, 1996 - Sections 11
2002(3)BomCR70; 2002BomCR(Cri)325
is admitted to be of the petitioner. Therefore, presumption envisaged under section 118 of the Negotiable Instruments Act can legally be inferred that the cheque … of quashing complaints in Criminal Case Nos. 1572/2000, 1218/1999, 1685/2000 and 2625/2000; filed under section 138 of the Negotiable Instruments Act, 1881.Facts relevant for decision of these petitions may be summarized as under:5. The petitioners are the original accused in … Instruments Act for dishonour of cheque were already initiated against the accused, however, separate first information report under sections 406/420 of the Indian Penal Code was also filed subsequently in respect of the same transaction against the
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Abdul Shakur and ors. Vs. Kotwaleshwar Prasad and ors.
Allahabad
Feb-08-1956
Commercial
Negotiable Instruments Act, 1881 - Sections 118
AIR1956All403
been referred to this Bench for decision are:'1. Whether the presumption mentioned in Clause (a) of Section 118, Negotiable Instruments Act, 1881, can be invoked in insolvency proceedings where an alleged debt against the insolvent is called in question by … him to prove consideration of the same.5. It is significant to note that while presumption and estoppels under Sections 119 to 122 are limited in terms to a 'suit upon the instrument', section 118 is not so
Tag this Judgment! AI Brief & AskPatel Bettegowda Vs. Coorg and Mysore Coffee Co., Ltd.
Karnataka
Oct-19-1984
CommercialBanking
Negotiable Instruments Act, 1881 - Sections 4, 13 and 118
ILR1985KAR273; 1985(1)KarLJ53
non-negotiable one.12. For a document to be a promissory note within the meaning of Section 4 of the Negotiable Instruments Act, 1881 the same should conform to these requirements :1. It must be its writing and signed by the maker.2. … executed by the defendant in favour of the plaintiff; that under Section 118 of the Negotiable Instruments Act (the Act), in the circumstances of the … plaintiff. He may also rely upon presumptions of 'fact, for instance those mentioned in Section 114 and other Sections, of the Evidence Act. Under Section 114 of the Evidence Act the Court may presume the existence of
Tag this Judgment! AI Brief & AskBharat Barrel and Drum Manufacturing Company Vs. AmIn Chand Payrelal
Supreme Court of India
Feb-18-1999
CommercialCivil
Negotiable Instruments Act, 1881 - Sections 118; Code of Civil Procedure (CPC) , 1908 - Order 37; Evidence Act, 1872 - Sections 3, 4, 101 to 104, 106 and 114
AIR1999SC1008; 1999(2)ALLMR(SC)269; (1999)2CALLT10(SC); [1999]97CompCas786(SC); 1999(1)CTC497; (1999)3GLR2305; JT1999(1)SC576; 1999(2)KLT23(SC); 1999(1)SCALE521; (1999)3SCC
the plaintiff themselves consideration for the instrument may be disproved and presumption raised by Section 118 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act') be dislodged. He opined 'if however, the evidence of the plaintiff be, … look into the preponderance of the probabilities and the entire circumstances of the particular case. After referring to Sections 3, 4 and 101 to 104 of the Evidence Act, the Court held that while dealing with the
Tag this Judgment! AI Brief & AskKalyan Singh Vs. Ranjot Singh
Himachal Pradesh
Mar-22-2002
BankingContract
Negotiable Instruments Act, 1881 - Section 118; ;Evidence Act, 1872 - Sections 73 and 114; ;Contract Act, 1872 - Section 29; ;Sale of Goods Act, 1930 - Section 55
2003(1)ARBLR425(HP)
cheque Ex. PD dated 25-10-1993 for a sum of Rs. 37,000/- is admitted by the defendant. Section 118, Negotiable Instruments Act, 1881, which deals with presumptions as to negotiable instruments, provides :--'Until the contrary is proved, the following presumptions shall … the suit in view of Ex. DW 1/A which has been misconstrued, misinterpreted and misapplied 2. Whether under Section 118 of the Negotiable Instruments Act, 881, presumption as to consideration, date etc. of cheque Ex. PD has
Tag this Judgment! AI Brief & AskAbdul Shakur and ors. Vs. Kotwaleshwar Prasad and ors.
Allahabad
Feb-19-1957
Civil
Code of Civil Procedure (CPC) , 1908 - Sections 11, 100 to 101 and 103; ;Evidence Act, 1872 - Sections 52, 115, 116, 117 and 167; Provincial Insolvency Act, 1920 - Sections 49, 49(1) and 75; Negotiable Instruments Act, 1881 - Sections 118
AIR1958All54
came to the conclusion that those circumstances considerably weakened the presumption of consideration under Section 118 of the Negotiable Instruments Act, 1881, and the burden of proof shifted on to the creditor appellants which they had failed to discharge. He … no doubt that estoppel by conduct is of the very essence of the rules of estoppel embodied in Sections 115, 116 and 117 of the Evidence Act, but since the acts of the parties which come in
Tag this Judgment! AI Brief & AskAlex Mathew Vs. Philip Philip
Kerala
Mar-20-1973
Commercial
Negotiable Instruments Act, 1881 - Sections 118
AIR1973Ker210
hand, sought to support the decree on the basis of the presumption arising under Section 118(a) of the Negotiable Instruments Act. 1881 (for short the Act).4. The case has been argued elaborately and a number of decisions have been referred … respondent, on the other hand, sought to support the decree on the basis of the presumption arising under Section 118(a) of the Negotiable Instruments Act. 1881 (for short the Act).4. The case has been argued elaborately and
Tag this Judgment! AI Brief & AskSudhakar Bandopant Kolhapure Vs. Arun Ramgonda Patil
Mumbai
Mar-01-2004
BankingCivil
Negotiable Instruments Act, 1881 - Sections 118
IV(2004)BC325; 2004(3)BomCR12; 2004(2)MhLj763
plaintiff which ought to be cast on the defendant. The learned Counsel relies on Section 118 of the Negotiable Instruments Act, 1881, the relevant part of which reads as follows :'118. Presumptions as to negotiable instruments.-- Until the contrary is … a burden on the plaintiff which ought to be cast on the defendant. The learned Counsel relies on Section 118 of the Negotiable Instruments Act, 1881, the relevant part of which reads as follows :'118. Presumptions as
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