What standard must an accused meet to rebut the presumptions of consideration and legally enforceable…
The accused may rebut the presumptions on a preponderance of probabilities. The accused can rely on the complainant’s material and surrounding circumstances without…
Choose your answer
What standard must an accused meet to rebut the presumptions of consideration and legally enforceable liability under sections 118(a) and 139 of the Negotiable Instruments Act, 1881?
Answer and explanation
Correct answer D
The accused may rebut the presumptions on a preponderance of probabilities. The accused can rely on the complainant’s material and surrounding circumstances without producing independent defence evidence.
Option feedback
Option A
The accused can rebut the presumption using the record and circumstances without direct evidence.
Option B
Beyond reasonable doubt is not the rebuttal standard.
Option C
The accused may rely on the complainant’s material and need not lead independent evidence.
Option D
Preponderance of probabilities is the standard for a probable defence.
Practice for these exams
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
UGC NET Law
Subject revision
See pack details on LawMint.net -
Madhya Pradesh Judicial Services
-
CUET PG Law (LL.M.)
Subject revision