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Indian Laws - Highlights / Catch Notes

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Dishonour of Cheque - insufficient funds - meeting the standard ...


Court Highlights Standard for Cheque Dishonor Cases: Emphasizes "Preponderance of Probability" and Caution in Granting Summary Judgments Under Order 37.

August 5, 2023

Case Laws     Indian Laws     HC

Dishonour of Cheque - insufficient funds - meeting the standard of “preponderance of probability”, and not mere possibility - Summary judgements under Order 37 should not be granted where serious conflict as to the matter of fact where any difficulty on issues as to law arises, the Court should not reject the defence of the defendant merely because of its inherent implausibility or its inconsistency. - HC

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