Search Results for "Presumption Rebutted"

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Lack of Proof of Demand in Corruption Case

The importance of corroborating evidence in proving offences under Sections 7 and 13(1)(d) of the  Prevention of Corruption Act. Nagpur Bench, ...

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High Court of Karnataka Acquits Accused in Cheque Dishonour Case Due to Failure to Prove Legally Enforceable Debt. Complaint under Section 138 of Negotiable Instruments Act, 1881 dismissed as complainant failed to establish that the cheque was issued for a legally enforceable debt or liability.

The case involves a criminal revision petition filed by the accused, S Ramesh Kumar, challenging his conviction under Section 138 of the Negotiable In...

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High Court of Karnataka Allows Appeal in Negotiable Instruments Act Case — Restores Conviction for Dishonour of Cheque. Complainant's Financial Capacity to Advance Loan and Legally Enforceable Debt Established, Reversing Acquittal by Sessions Court.

The appellant, Krishna Gopal Khetan, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment of...

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High Court of Karnataka Allows Appeal in Cheque Dishonour Case, Reverses Acquittal. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands unless accused rebuts with probable defence.

The appellant/complainant filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment of acquittal ...

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Bombay High Court at Goa Dismisses Revision in Cheque Dishonour Case Due to Failure to Prove Debt. Complainant could not establish that the cheque was issued for a legally enforceable debt or liability as invoices were raised in name of third party, not the accused.

The case involves a criminal revision application filed by the complainant, M/s. Shradha Shipping Co. Pvt. Ltd., against the judgment of the Additiona...

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Bombay High Court Dismisses Legal Representatives' Petition Against Eviction Decree for Subletting Without Consent. Subletting of Tenanted Premises Without Landlord's Consent Constitutes Unauthorized Transfer Under Section 15 of the Maharashtra Rent Control Act, 1999.

The petitioners, legal representatives of the original tenant Vatsala Krishna Jadhav, challenged the eviction decree passed against them by the courts...

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Bombay High Court Dismisses Second Appeals in Property Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court held that no substantial question of law arose as findings were based on appreciation of evidence and not perverse.

The judgment pertains to two second appeals arising from a property dispute among members of the Desai family. The appellants, original defendants 1 t...

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Bombay High Court Dismisses Revision Against Conviction in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted. Accused Failed to Prove Cheque Was Issued as Security, Not for Repayment of Loan.

The case involves a criminal revision application filed by the accused, Vyomesh Jitendra Trivedi, challenging his conviction under Section 138 of the ...