Search Results for "Presumption Under Section 139"

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Search Results for "Presumption Under Section 139"

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Supreme Court

Supreme Court Issues Comprehensive Guidelines to Combat Child Marriage in India — Emphasizes Constitutional Rights and International Obligations. The Court held that child marriage violates fundamental rights and directed stronger enforcement of the Prohibition of Child Marriage Act, 2006, along with preventive and support measures.

18 Oct 2024

The Supreme Court of India delivered a landmark judgment in a public interest litigation filed by the Society for Enlightenment and Voluntary Action, ...

High Court

High Court of Bombay at Goa Allows Appeal in Negotiable Instruments Act Case — Rebuttal of Presumption Requires Probable Defence. The court held that the accused must raise a probable defence to rebut the presumption under Section 139 of the NI Act, and mere denial or inconsistent story is insufficient.

12 Jan 2023

The appellant, Lyndon Rodrigues, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, against respondent Anil Thakur for disho...

Supreme Court

Supreme Court Upholds FCRA Amendments in Challenge by NGOs — Restrictions on Foreign Contribution Transfers and Mandatory Account in SBI New Delhi Held Reasonable. Court Dismisses Petitions Challenging Sections 7, 12(1A), 12A, and 17(1) of Foreign Contribution (Regulation) Amendment Act, 2020 as Not Violative of Articles 14, 19, and 21.

8 Apr 2022

The judgment concerns the constitutional validity of amendments to the Foreign Contribution (Regulation) Act, 2010 (FCRA) introduced by the Foreign Co...

High Court

Bombay High Court Allows Quashing of Conviction in Non-Compoundable Offences Based on Settlement — Inherent Powers Under Section 482 CrPC Can Be Exercised Even After Conviction, Subject to Guidelines. The Court Held That While Section 320 CrPC Restricts Compounding, Section 482 CrPC Provides Independent Power to Quash in the Interest of Justice, and Laid Down Guidelines for Such Exercise.

5 Jan 2021

The judgment arises from a reference made to a larger bench of the Bombay High Court to resolve the contentious issue regarding the scope of power und...

High Court

Bombay High Court Dismisses Appeals Against Acquittal in Cheque Dishonour Case Due to Failure of Consideration. Complainant failed to prove legally enforceable debt as share transfer was not completed under MOU.

10 Jan 2020

The case involves two appeals filed by Harendra Ramchandra Pathak (complainant) against the acquittal of Dharmendra Ratan Mhatre and Rajendra Ratan Mh...

High Court

High Court of Bombay at Goa Allows Appeal Against Acquittal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted by Accused Who Did Not Enter Witness Box. Acquittal Set Aside as Perverse; Accused Convicted and Fined ₹2,50,000 with Compensation to Complainant.

16 Aug 2019

The appellant, Ivan Singh, filed a criminal appeal against the acquittal of the respondent, Shivaji Tukaram Naik, by the Judicial Magistrate First Cla...

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...

High Court

Bombay High Court Dismisses Revision Against Conviction Under Section 138 N.I. Act — Presumption of Legally Enforceable Debt Not Rebutted. Accused Failed to Prove Cheques Were Issued as Security, Leading to Confirmation of Sentence of Simple Imprisonment and Compensation.

3 Apr 2013

The applicant, Rekha Mahindra Shah, was convicted under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of three cheques totaling Rs...

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Presumption under Section 139 of Negotiable Instruments Act, 1881 applies once cheque and signature are admitted, shifting burden on accused to rebut existence of debt.

10 Mar 2010

The appellant, Nitin Bapurao Mankar, was the original complainant in a complaint under Section 138 of the Negotiable Instruments Act, 1881, against re...

High Court

Bombay High Court Allows Complainant's Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Presumption under Section 139 of Negotiable Instruments Act, 1881 applies when cheque and signature are admitted, shifting burden on accused to prove defence.

23 Aug 2006

The case involves a criminal appeal filed by the complainant, Sukhalal Kumar, against the acquittal of the accused, Prakash B. Borkar, under Section 1...

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