<?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>2022 (12) TMI 91 - BOMBAY HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=430974</link>
    <description>Admission of the drawer&#039;s signatures attracted the presumptions under Sections 118 and 139 of the Negotiable Instruments Act, shifting the burden to the accused to rebut them on a preponderance of probabilities; the first cheque was therefore treated as issued towards a legally enforceable debt, and liability under Section 138 was established. By contrast, the second cheque was not proved to represent the accused&#039;s own liability because the underlying advance was shown to have been made to her husband, with no pleading or proof that she had assumed responsibility for that debt; the presumption was rebutted on those facts, and no liability was sustained on that count.</description>
    <language>en-us</language>
    <pubDate>Thu, 01 Dec 2022 00:00:00 +0530</pubDate>
    <lastBuildDate>Sat, 03 Dec 2022 06:59:35 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=697533" rel="self" type="application/rss+xml"/>
    <item>
      <title>2022 (12) TMI 91 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=430974</link>
      <description>Admission of the drawer&#039;s signatures attracted the presumptions under Sections 118 and 139 of the Negotiable Instruments Act, shifting the burden to the accused to rebut them on a preponderance of probabilities; the first cheque was therefore treated as issued towards a legally enforceable debt, and liability under Section 138 was established. By contrast, the second cheque was not proved to represent the accused&#039;s own liability because the underlying advance was shown to have been made to her husband, with no pleading or proof that she had assumed responsibility for that debt; the presumption was rebutted on those facts, and no liability was sustained on that count.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Thu, 01 Dec 2022 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=430974</guid>
    </item>
  </channel>
</rss>