<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>1996 (3) TMI 568 - GUJARAT HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=298576</link>
    <description>A sole proprietary concern is not a separate juristic person from its proprietor, so a Section 138 complaint is not defeated merely because the trading name was omitted and the parties were impleaded personally. The note also states that where issuance of cheques is admitted, the signature is material, the presumption of consideration under Section 118 operates unless rebutted, and proof of supply of goods with matching invoice amounts supports a legally enforceable debt. Dispatch of statutory notice by registered post to the correct address, with supporting surrounding circumstances, permits a presumption of service. On that basis, the Section 138 ingredients were treated as satisfied.</description>
    <language>en-us</language>
    <pubDate>Mon, 11 Mar 1996 00:00:00 +0530</pubDate>
    <lastBuildDate>Wed, 10 Nov 2021 14:53:45 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=660710" rel="self" type="application/rss+xml"/>
    <item>
      <title>1996 (3) TMI 568 - GUJARAT HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=298576</link>
      <description>A sole proprietary concern is not a separate juristic person from its proprietor, so a Section 138 complaint is not defeated merely because the trading name was omitted and the parties were impleaded personally. The note also states that where issuance of cheques is admitted, the signature is material, the presumption of consideration under Section 118 operates unless rebutted, and proof of supply of goods with matching invoice amounts supports a legally enforceable debt. Dispatch of statutory notice by registered post to the correct address, with supporting surrounding circumstances, permits a presumption of service. On that basis, the Section 138 ingredients were treated as satisfied.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Mon, 11 Mar 1996 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=298576</guid>
    </item>
  </channel>
</rss>