Thursday, 12 July 2018

Looking for Some Good Divorce Lawyers? Here's What You Should Know

Divorce can be emotionally and financially taxing process. Thankfully, a good divorce lawyer can make the process smooth and peaceful for you. So, in case you have been searching for an attorney in the matter in question there are a few aspects you should know before you hiring a divorce lawyer:

  1. Discuss Fee Structure Beforehand
First and foremost, make sure to know about your attorney’s fee and other cost information relating to your divorce case. Accordingly, you can select a lawyer or law firm whom you can pay for. Generally, highly experienced lawyers and established firms charge higher fees. And so,

Monday, 2 July 2018

Dishonour Of Cheque Presumption U/S 139 Of NI Act Can not Be Rebutted By Mere Denial: SC Reiterates

On Monday, SC reiterated that mere denial of a debt or liability cannot shift the burden of proof from the accused in a case of dishounor of the cheque.

A bench of Justice A K Sikri and Justice Ashok Bhushan once again made it clear that Section 139 of the Negotiable Instruments Act, 1881, provides for drawing the presumption in favour of holder and a bare denial of the passing of the consideration and existence of debt, apparently would not serve the purpose of the accused.

The bench reiterated that the apex court has in various cases held that the accused may adduce evidence to rebut the presumption, but mere denial regarding the existence of debt shall not serve any purpose.

The bench said so while setting aside the judgment of the HC which cleared the man punished for dishonour of cheque by holding that he had been able to create doubt in the mind of the court with regard to the existence of debt/liability even as the accused had led no direct evidence to shift his burden.