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Rajinder Singh Bhalla   17 March 2015 at 14:51

The meaning of presumption in sec 139 of negotiable instruments act

The meaning of presumption in Sec 139 of Negotiable Instruments Act

Looking at the decision on the above point, I can not help but ....

If there is evidence taken in the case and it is not proved by anyone whether there was any existing debt then presumption will be drawn.

But if there are statements made by both parties in evidence and the court comes to a finding that there was no existing debt.

Then there will be no presumption.

The meaning of presumption as given in dictionaries as -

1) an idea that is taken to be true on the basis of probability

2) In the law of evidence, a presumption of a particular fact can be made without the aid of proof in some situations. The types of presumption include a rebuttable discretionary presumption, a rebuttable mandatory presumption, and an irrebuttable or conclusive presumption.

In view of the above meanings of the word presumption - does any of the SC or HC decisions hold good.

Rajinder Singh Bhalla   17 March 2015 at 14:45

Jurisdiction in cheque bouncing cases in view of august 2014 decision of sc

Jurisdiction in Cheque bouncing cases in view of August 2014 decision of SC

Section 182 is applicable to decide the jurisdiction of the court.

But SC did not consider section 182 of Cr.P.C. at all.

How can that decision of the SC be changed.

Rajeswariii   17 March 2015 at 13:57

Pursing law

Sir, I have no formal education before marriage but have completed BA in Distance Mode. I have no regular study like normal 10+2+3.Now, I want to pursue law course. Please inform me the institutions offering law course for the students like me (Especially in Andhra pradesh & Telangana)

ashish   17 March 2015 at 13:24

Motor accident claim

SIR,
after panalised under IPC 279/337 by fine. can driver of driven bus loss his service automatic or we have to file case for the same.
Thanks,

ASHISH

rishi arora   17 March 2015 at 13:21

Tax on property gift

Dear Sir, I own a flat jointly with my sister. Now she wants to gift me her share in the property. Is this gift taxable given that my sister is now married.

ashish   17 March 2015 at 13:20

Ipc 279/337

Sir,
When an driver of driven vehicle convicted under 279/337. after that can we file another claim case in motor accident tribunal as one case is already under consideration in high court.

Thanks,

ASHISH

Faiyaz Momin   17 March 2015 at 11:36

Daughters temporary custody - what precautions to take

Hi,

My wife filed DV case on me & my family members in 2013, where the case was taken back in September 2014 by wife after going with settlement of forceful Mutual Divorce from her end. I have a 5 years daughter whose custody is with me and as per settlement copy she was granted to meet daughter after every four month's last Sunday for 2 hours. Its almost 6 months passed she have not yet attempted to meet the daughter. Got a call from her father they want to meet the daughter this Sunday, I will allow her to meet but what precautions should i take to be at a safer side. (My daughters medical history is she is physically handicap, Please suggest.

Tushar Shashikant More   17 March 2015 at 11:33

Partnership deed for medical stores

Dear Respected Sir,
I am requesting you to please let me know a draft of a Partnership Deed for Medical Stores. I shall be very heartly thankful to you if you please provide me a draft Partnership Deed for Medical Stores.

cvkrishnamanoj   17 March 2015 at 11:28

Father abandoned mother

1) My father(retd. Central Govt. employee) has abandoned my mother in 2012, since when my mother and me(male, 28 yrs, unmarried, employed) are living in the ground floor of the house, while he lives in the 1st floor of the same house which is his own.

2) Even when staying together, he on several occasions had badly abused and manhandled her, to which his mother and sisters were mute and gleeful spectators.

3) I understand that my mother is entitled to half of his pension.Can the courts deny the compensation on the foll. grounds:

i) Since we are living in "his own" house, although separately(we in the ground floor and he in the 1st), she is not eligible for entitlement and he can continue to abandon her!

ii) Since I, as her son, is employed, he need not pay anything and absolve himself of the responsibility towards his wife, as I can look after her!!

4) Is the process of claiming pension a tedious and costly one? How long will it take for us to finally get the work done? Months or days? My mother holds these reservations w.r.t courts and hence daunted to take any action which is mentally ruining her! Please help us on these issues sir...

Please clarify these doubts and help me sir......

Akshat Singh   17 March 2015 at 11:07

revenue land , encumberance certificate kraya kararu

Hi,
I have to register a revenue land in Dasanpaura , but i am told after the deal my Encumbrance certificate will contain my name against Kraya Kararu ... is it safe to go ahead with Deal , Can Khata transfer be done with Encumbrance certificate having my name against Kraya Kararu