Search Results for "Rebuttable presumption"

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High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Application for Adverse Inference and Denial of Cross-Examination in Commercial Suit. Trial Court's Discretion Upheld as No Perversity or Arbitrariness Shown Under Article 227 of Constitution of India.

The petitioner, Sivagami N., was the first defendant in a commercial suit (Com.OS 64/2022) pending before the LXXXV Additional City Civil and Sessions...

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High Court of Karnataka Acquits Head Constable in Corruption Case Due to Unreliable Trap Proceedings and Contradictory Witness Testimony. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 8 and 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988.

The appellant, Sri. Manjanna M.K., a Head Constable at Bagalagunte Police Station, was convicted by the XXIII Additional City Civil and Sessions Judge...

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Bombay High Court Upholds Acquittal of Accused in Murder Case on Ground of Insanity. Paranoid Schizophrenia Established Under Section 84 IPC — Act Done Without Knowledge of Nature or Wrongfulness.

The State of Maharashtra appealed against the judgment and order dated 29.05.2003 of the learned ad-hoc Additional Sessions Judge, Sangli, in Sessions...

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Supreme Court Allows Appeal in Dishonour of Cheque Case, Reinstates Proceedings Quashed by High Court. Parallel Prosecutions Under Section 138 of the Negotiable Instruments Act, 1881 and Other Offences Are Permissible, and Settlement Agreement Does Not Extinguish Liability Unless Full Payment Is Made.

The dispute arose from dishonoured cheques issued by Aanchal Cement Limited (ACL) to Gimpex Private Limited. Gimpex had paid customs duty and wharfage...

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Bombay High Court Dismisses State Appeal Against Acquittal in Corruption Case Due to Unreliable Complainant and Lack of Corroboration. Demand of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7, 13(1)(d), 13(2) of Prevention of Corruption Act, 1988.

The State of Maharashtra appealed against the judgment of the Special Judge (P.C. Act), Raigad, dated 29.9.2004, acquitting the respondent (accused) o...

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High Court of Bombay Dismisses Appeal Against Acquittal in Cheque Dishonour Case Due to Failure to Prove Debt. Complainant failed to establish legally enforceable debt or liability under Section 138 of the Negotiable Instruments Act, 1881 as the cheque was given as security for a business transaction.

The case involves an appeal by the complainant, Shankar Jaganath Mane, against the acquittal of the accused, Sikkandar Mohammed Bidiwala, for an offen...

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Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witness and Lack of Corroboration. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7 and 13(1)(d) of Prevention of Corruption Act, 1988.

The appellant, Madhukar Nagnathrao Bandale, was a Junior Clerk in Upper Painganga Project, Sub-Division No.3, Isapur. The complainant, Ganpat Kasture ...

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High Court of Bombay at Goa Allows Appeal in Negotiable Instruments Act Case — Blank Cheque Defence Rejected as Unsubstantiated. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands in favour of holder, and accused failed to rebut it by preponderance of probabilities.

The appellant, The Bagayatdar Urban Co-operative Credit Society Ltd., filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 agai...