How to Rebut the Presumption under N.I.Act


The presumption that further applied among clauses (a)
to (g) of Section 118 of N.I. Act also, like the presumption under
Section 139 of the Act, as per Section 4 of the Evidence Act, is a
rebuttable presumption for which the burden is on the accused,
however, to rebut the presumption if a case is made out by
accused either by pointing out from the case of the complainant
including very documents and cross-examination or by examining
any person and need not be always by coming to witness box 2015 S.C.(2008) MSKLAWREPORTS

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Section 8 of the Hindu Minority and Guardianship Act, 1956 - permission of court for selling minor property by natural guardian- In the present case, though it is stated that the property has been sold for the proper benefit of the minors, their protection, education and marriage,there is nothing on record to suggest that previous permission of the Court was obtained by the natural guardian before transfer by sale in question.-2015 S.C.(2013) MSKLAWREPORTS24

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APEX COURT DIGEST 2016 - 1

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