Section 118 - Judgment Search Results

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

Court: Allahabad

Reported in: AIR1956All403

..... the learned judges i do not find any words used by the legislature in section 118 or any other section of the negotiable instruments act indicating that the legislature intended to apply the presumption ..... is to procure the distribution of a debtor s estate among his just creditors section 118 is not like sections 119 to 122 limited in terms to a suit upon the instrument it seems .....

Official Receiver, Kanpur and anr. Vs. Abdul Shakur and ors.

Court: Supreme Court of India

Reported in: AIR1965SC920; [1965]1SCR254

..... to hold that the special rules of evidence laid down in section 118 must have been intended to apply only as between the parties ..... exchange or a promissory note were founded on a good consideration section 118 of the negotiable instruments act however enacts a special rule of ..... to hold that the special rules of evidence laid down in section 118 must have been intended to apply only as between the .....

Bharat Barrel and Drum Manufacturing Company Vs. AmIn Chand Payrelal

Court: Supreme Court of India

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

..... is arrived at that contrary has been proved and thus the presumption raised under section 118 a or section 114 of the evidence act stands rebutted the presumptive evidence being no longer in ..... initial burden of proving non existence of consideration amounted to negating presumption arising under section 118 a appeal allowed the appellant company carrying on business as manufacturer of iron and steel .....

K.P.O. Moideenkutty Hajee Vs. Pappu Manjooran and Another

Court: Supreme Court of India

Reported in: 1996IIIAD(SC)6; AIR1996SC3356; I(1997)BC357(SC); JT1996(3)SC329; 1996(1)KLT651(SC); 1996(2)SCALE784; (1996)8SCC586; [1996]2SCR227

..... two judges of this court was to consider the presumption under section 118 g and section 9 of the act when the proviso to section 118 was put in issue this court held that when the ..... shifted to the defendant and when the plaintiff pleads different considerations the presumption under section 118 a is not available as held earlier once the plaintiff pleads consideration different from the .....

Alex Mathew Vs. Philip Philip

Court: Kerala

Reported in: AIR1973Ker210

..... negotiable instrument and failed to prove the particular consideration pleaded the presumption available under section 118 a will not be available to him we need not attempt to consider the ..... circumstances we direct the appellant and the respondent to bear their costs throughout commercial presumption section 118 of negotiable instruments act 1881 in a cheque admitted to be post dated presumption .....

Preman Vs. Union of India (Uoi) and ors.

Court: Kerala

Reported in: AIR1999Ker93

..... and to direct the state government to exempt christians from section 118 by invoking section 3 of the indian succession act since section 118 is violative of article 14 of the constitution of india ..... 14 15 25 and 26 of constitution of india and section 118 of succession act 1925 validity of section 118 challenged on various grounds section deals with christian community s right to bequeath property .....

Heerachand Vs. Jeevraj and anr.

Court: Rajasthan

Reported in: AIR1959Raj1

..... 3 is it a correct proposition of law to say that the presumption available under section 118 stands rebutted merely because one kind of consideration has been mentioned in the negotiable instrument ..... the full bench the main reason was whether the presumption as to consideration embodied in section 118 a of the negotiable instruments act was attracted into application in the circumstances of this .....

Madhukar Raghunath Bhave Vs. Wyawahare and Sons Partnership Firm Throu ...

Court: Mumbai

Reported in: 2008(4)ALLMR818; 2008(3)BomCR739; 2008(4)MhLj45

..... evidence lower appellate court failed to properly appreciate the provisions of section 118 of act presumption under section 118 be given to appellant judgment of trial court reversed accordingly indian ..... the cheques issued by defendants were without consideration by ignoring presumption contained in section 118 of the negotiable instruments act 16 the second appeal is therefore allowed the .....

Shrikishan Vs. Bhanwarlal

Court: Rajasthan

Reported in: AIR1974Raj96; 1973()WLN778

..... subsequent stage after he institution of the appeal b negotiable instruments act section 118 a loan and note contemporaneous section 118 a applies when the loan and the note are contemporaneous it would ..... excluded on this ground c negotiable instruments act section 118 a loanee dies presumption under section 118 a can be drawn where the presumption under section 118 a arises the court has no option .....

Ayanur Grama Panchayath Vs. State of Karnataka By its Secretary, The D ...

Court: Karnataka

..... panchayath the apprehension of the petitioner panchayath samithi that without the appropriate orders under section 118 2 of the act being passed by the deputy commissioner there would be loss ..... of india article 226 article 227 karnataka grama swaraj and panchayath raj act 1993 section 118 2 transfer division funds petitioner sought to direct second respondent deputy commissioner to consider .....