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Saftarsab Vs. B. Allaiah @ Allappa

Court : Karnataka

Subject : Banking

Acts : Negotiable Instruments Act, 1881 - Sections 19, 20, 118 and 120; Evidence Act - Sections 101 and 114

Reported in : I(2006)BC281; ILR2005KAR2911; 2006(3)KarLJ141

a matter of preponderance of probability. In the circumstances of the case, the Trial Court has held that Section 118 of the Negotiable Instruments is not applicable to the case on hand.7. I may refer to Section 118 … Courts below by raising substantial question of law to the effect that as per the provisions of the Negotiable Instruments Act, once there is execution of promissory note, it is deemed that there is a transaction and the respondent

Atlaz Degi-tel Pvt. Ltd. and ors. Vs. Atlaz Technology Pvt. Ltd. and a ...

Court : Mumbai

Subject : Criminal

Acts : 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

Reported in : 2002(3)BomCR70; 2002BomCR(Cri)325

regular course and the signature on cheque 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 was made or drawn for consideration … 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

Sudhakar Bandopant Kolhapure Vs. Arun Ramgonda Patil

Court : Mumbai

Subject : BankingCivil

Acts : Negotiable Instruments Act, 1881 - Sections 118

Reported in : 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

Abdul Shakur and ors. Vs. Kotwaleshwar Prasad and ors.

Court : Allahabad

Subject : Commercial

Acts : Negotiable Instruments Act, 1881 - Sections 118

Reported in : 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

Kotharaju Narayana Rao Vs. Tekumalla Ramachandra Rao

Court : Andhra Pradesh

Subject : Contract

Acts : Negotiable Instruments Act, 1881 - Sections 4, 5 and 118; Contract Act, 1872 - Sections 10, 23 and 219; Code of Civil Procedure (CPC) , 1908 - Order 6, Rule 8

Reported in : AIR1959AP370

by the plaintiff was immaterial, as the defendant had to rebut the presumption under Section 118 of the Negotiable Instruments Act. The noncompletion of the sale was also in his view immaterial as neither the plaintiff nor Venkatachalam were

State Bank of India, Branch Dangoli Vs. Sher Singh and anr.

Court : Uttaranchal

Subject : Banking

Reported in : AIR2009Utr7

admitted his signatures over all the documents, therefore, presumption of Section 114 Evidence Act and Section 118 of Negotiable Instruments Act goes in favour of the plaintiff and the suit of the plaintiff is liable to be decreed.As against

A.J. Asana Vs. Sittrarasu

Court : Chennai

Subject : Land Acquisition

petitioner has not denied about the issuance of cheque. 6. In this case, it is useful to extract Section 118 of the Negotiable Instruments Act which reads as follows:- "118. Presumptions as to negotiable instruments. -- Until the … the evidence and documents adduced on both sides, finally found the accused guilty under Section 138 of the Negotiable Instruments Act and convicted and sentenced him to undergo three months simple imprisonment and to pay fine of Rs.1,00,000/- as

Bharat Barrel and Drum Manufacturing Company Vs. AmIn Chand Payrelal

Court : Supreme Court of India

Subject : CommercialCivil

Acts : 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

Reported in : 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

note. The plaintiff is entitled to the benefit of the presumption spoken of in Section 118 of the Negotiable Instruments Act. In the abstract, it is necessary for the defendant to prove that no consideration of any description was

Heerachand Vs. Jeevraj and anr.

Court : Rajasthan

Subject : Commercial

Acts : Negotiable Instruments Act, 1881 - Sections 118; Evidence Act, 1872 - Sections 3; Code of Civil Procedure (CPC) , 1908 - Sections 100-101

Reported in : AIR1959Raj1

mulated as below :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 into play only where the Negotiable Instruments Act is in force

Bratindranath Banerjee, Director, Standard Chartered Bank Vs. Hiten P. ...

Court : Mumbai

Subject : Criminal

Acts : Special Courts Act, 1979 - Sections 3, 4, 5 and 6; Code of Criminal Procedure (CrPC) , 1973 - Sections 6, 211, 235(2) and 244; Negotiable Instruments Act, 1881 - Sections 118, 138, 139, 142 and 142(2); Evidence Act, 1872 - Sections 3, 59, 60, 61, 65, 102, 114 and 115; Contract Act, 1872 - Sections 23 and 25

Reported in : 1994(4)BomCR237

impossible burden. Relying upon the authority reported in (1921) L.R 54 Mr. Ovalekar submitted that the presumption under section 118 of the Negotiable Instruments Act would not apply to a criminal trial. He submitted that on a plain … second point for consideration is whether the complaint is not maintainable and/or barred under section 142(a) of the Negotiable Instruments Act. section 142(a) reads as follows:'142. Cognizance of offences. - Notwithstanding anything contained in the Code of Criminal Procedure, 1973,