Search Results for "reverse presumption"

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Search Results for "reverse presumption"

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High Court

Karnataka High Court Sets Aside Order Restoring Ex-Parte Regular Appeal Filed by Defendant in Title Suit. Presumption of Service Under Section 27 of General Clauses Act, 1897 Stands Unrebutted as Power of Attorney Holder Lacked Personal Knowledge to Lead Evidence.

10 Sep 2024

The Civil Revision Petition arose out of a title suit (O.S. No. 466/2011) filed by one Smt. Akkayamma seeking declaration of title and permanent injun...

Supreme Court

Supreme Court Allows Appeal Against High Court's Interference with Concurrent Findings of Fact in Partition Suit. The Court held that the presumption under Section 45 of the Transfer of Property Act, 1882, was rebutted by evidence of non-contribution and long silence, and the High Court erred in reversing concurrent findings without perversity.

26 Jul 2019

The Supreme Court allowed the appeal filed by the original defendants against the High Court's order in a second appeal that had reversed concurrent f...

Supreme Court

Supreme Court Acquits Accused in Cheque Dishonour Case Due to Successful Rebuttal of Presumptions and Unjustified Appellate Interference. The Court held that the accused raised a probable defence under Sections 118(a) and 139 of the Negotiable Instruments Act, 1881, and the High Court erred in overturning the Trial Court's acquittal as the findings were not perverse.

22 Apr 2025

The appeal arose from a cheque dishonour case under Section 138 of the Negotiable Instruments Act, 1881. The complainant alleged lending Rs. 20,00,000...

High Court

Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Reinstates Conviction Under Section 138. Partial Recovery Before Cheque Issuance Does Not Rebut Presumption Under Section 139 N.I. Act When Cheque Covers Balance Due.

19 Aug 2022

The appeal arises from a judgment of the Sessions Court, Amravati, which set aside the conviction of the accused under Section 138 of the Negotiable I...

High Court

High Court of Bombay at Nagpur Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal Based on Misappreciation of Statutory Presumption Under Section 139. The Court Held That the Accused Failed to Rebut the Presumption That the Cheque Was Issued for Discharge of a Debt or Liability.

9 Jan 2018

The appellant, Ghanshyamdas Lalchand Chandak, was the original complainant in Summary Criminal Case 241/1999 under the Negotiable Instruments Act, 188...

High Court

High Court of Karnataka Allows Revision and Appeal in Dishonour of Cheque Cases — Conviction Restored for One Cheque, Acquittal Set Aside for Another. The court upheld the conviction of the accused in one case under Section 138 of the Negotiable Instruments Act, 1881, and set aside the acquittal in another case, holding that the presumption under Section 139 was not rebutted in the first case, while in the second case the debt was time-barred and not legally enforceable.

22 Mar 2025

The judgment involves two connected matters: Criminal Revision Petition No.400/2016 and Criminal Revision Petition No.401/2016 filed by Sri D. Vijay (...

Supreme Court

Supreme Court Allows Appeal in Negotiable Instruments Act Case — Reverses High Court Conviction Due to Failure to Prove Legally Enforceable Debt. Accused's Defence of Blank Cheque Misuse and Absence of Loan Disbursement Raises Probable Doubt, Rebutting Presumption Under Section 139.

18 Jan 2019

The case involves a criminal appeal under Section 138 of the Negotiable Instruments Act, 1881. The appellant, ANSS Rajashekar, was accused by the resp...

Supreme Court

Supreme Court Allows Appeal in Negotiable Instruments Act Case — Reverses High Court Conviction Due to Insufficient Rebuttal of Presumption. The Court held that the accused successfully raised a probable defence by questioning the complainant's financial capacity and the circumstances of the loan, thereby rebutting the presumption under Section 139 of the Negotiable Instruments Act, 1881.

27 Mar 2019

The Supreme Court considered an appeal by the accused against the High Court of Karnataka's judgment convicting him under Section 138 of the Negotiabl...

Supreme Court

Supreme Court Restores Acquittal in Cheque Dishonour Case Due to Complainant's Failure to Prove Debt. High Court's Reversal Set Aside as Trial Court's Findings on Rebuttal of Presumption Were Plausible and Not Perverse.

27 Mar 2019

The Supreme Court allowed the appeal filed by Rohitbhai Jivanlal Patel against the judgment of the Gujarat High Court, which had reversed his acquitta...

High Court

High Court of Karnataka Dismisses State Appeal Against Acquittal in Dowry Death Case — Prosecution Fails to Prove Guilt Beyond Reasonable Doubt. Evidence of Demand for Dowry and Harassment Found Insufficient to Sustain Conviction Under Sections 498A and 302 read with Section 34 of Indian Penal Code.

11 Oct 2019

The State of Karnataka appealed against the judgment of acquittal passed by the Fast Track Court-III, Bengaluru Rural District, in Sessions Case No.35...

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