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Author :
vinod bansal
Posted On 27 April 2009 at 18:02
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R/All
Whether initial transaction is required to be proved.what is the latest law/citation for presumption of debt.Thanks
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Expert :
Neeraj Arora (9897136755)
Posted On 27 April 2009 at 18:23
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Mr. Vinod, For fileing case under 138 N.I.Act, NO initial transaction is required to be prove. only you shuld have a chaque of OP.
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Expert :
A V Vishal
Posted On 27 April 2009 at 19:58
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http://www.icai.org/resource_file/11185p91-93.pdf
Dear Bansal,
A good article to clear your doubts and it has some citations too......
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Expert :
Kiran Kumar
Posted On 28 April 2009 at 08:10
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only intitial presumption is in favour of complainant, i.e. for the purpose of issuing process, but later on the transaction is needed to be proved, pls refer to Krishna's judgment of 2008 widely reported.
u ll find it in the RCR criminal as well.
i ll give the citation by evening.
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Expert :
adv. rajeev ( rajoo )
Posted On 28 April 2009 at 14:31
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regarding the presumption of debt u can go thru., the recent judgement of supreme court 2008. U sms ur postal address so I can send the judgement of Karnataka High Court as well as supreme court
My address
Rajeev s vadrali
advocate
K.C.Rani Road,
GADAG(Karnataka)
9448230014 9886714997
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Expert :
Y V Vishweshwar Rao
Posted On 29 April 2009 at 06:14
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Mr Kiran Kumar Views are Correct !
Thanks Mr Vadrali for the help extended by you to the Advocates
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Expert :
RAKHI BUDHIRAJA
Posted On 29 April 2009 at 13:34
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I do agree with my Ld. friends.
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Expert :
MANISH
Posted On 29 April 2009 at 23:56
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Dear Mr. Bansal,
Section 139 of NI Act makes the point clear. The only thing you require in a proceeding of 138 is the dishonourment of cheque. Section 139 says that if a cheque is tendered, then there is the initial presumption that the cheque was issued in discharge of some debt or liability.
There are a few recent judgments also in this regard. Of supreme court as well as of various High Courts.
You may refer to any journals in law library.
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Expert :
Sachin Bhatia
Posted On 06 October 2009 at 21:50
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Agreed with Mr. Manish, The only thing you require in a proceeding of 138 is the dishonourment of cheque.
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