Examveda
Examveda

In order to rebut the presumption under Section 138 & 118 of Negotiable Instruments Act accused

A. Must prove the absence of consideration by direct evidence

B. Must prove absence of consideration beyond reasonable doubt

C. Must give some evidence in defence

D. May rebut the presumption on the principle of preponderance of probability

Answer: Option D


This Question Belongs to Law >> Negotiable Instruments Act

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Related Questions on Negotiable Instruments Act

The term 'legal representative' in section 29 of the Negotiable Instruments Act, 1881

A. Does not include executors or administrator (Rama v. Praoin, AIR 1926 Mad 389)

B. Includes executors or administrator (K. Subbanna v. K. Subbarayudu, AIR 1926 Mad 390)

C. Includes executors but does not include administrators (P. Nayar v. T. Ramanna, AIR 1929 Mad 389)

D. Includes only administrators but does not include executors (P. K. Pati v. Damodar Sahu, AIR 1953 Ori 179)