Search Results for "rebuttable presumption"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Issues Notice in Service Matter Challenging Deletion of Names ...
High Court of Karnataka Allows Appeals Against Ex Parte Interim Injunction in Pr...
High Court of Karnataka Allows Revision Petition in Private Complaint Case — T...
High Court of Karnataka Allows Revision Petition in Private Complaint Case — T...

Search Results for "rebuttable presumption"

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High Court

High Court partly allowed Revision Petition in Cheque Dishonour Case -- Conviction Under Section 138 of Negotiable Instruments Act Upheld However order for imposition of cost set aside -- Petitioner Challenge to Conviction and Sentence Fails

27 Jan 2026

The High Court dismissed a criminal revision petition challenging conviction under Section 138 of Negotiable Instruments Act -- The petitioner was con...

Supreme Court

Supreme Court Dismisses Appeals by Competition Commission of India and Kapoor Glass in Abuse of Dominance Case — No Abuse Found in Volume Discounts and Contractual Terms by Dominant Glass Tubing Manufacturer. The court held that volume discounts are not per se abusive under Section 4 of the Competition Act, 2002, and that the evidence did not establish anti-competitive foreclosure or refusal to supply.

30 Jun 2025

The case arises from an information filed by Kapoor Glass India Pvt. Ltd. on 25 May 2010 under Section 19 of the Competition Act, 2002, alleging that ...

High Court

High Court of Karnataka Upholds Conviction in Cheque Bounce Case — Accused Failed to Rebut Presumption of Legally Enforceable Debt Under Section 139 of Negotiable Instruments Act, 1881. Concurrent Findings of Fact Not Interfered With in Revision Under Sections 397 and 401 of Code of Criminal Procedure, 1973.

11 Jul 2024

The revision petitioner, D.B. Jatti, was convicted by the XX Additional Chief Metropolitan Magistrate, Bengaluru, in C.C. No. 17696/2013 for the offen...

Supreme Court

Supreme Court Dismisses Accused's Appeal in Cheque Dishonour Case Upholding Rejection of Additional Evidence Application. Appellate Court Correctly Refused to Assist Accused in Collecting Defence Evidence Under Section 391 CrPC as Presumption Under Section 118 NI Act Favors Complainant and Accused Failed to Rebut It Despite Opportunity.

29 Jan 2024

The Supreme Court heard an appeal by special leave challenging the High Court of Gujarat's order dated 25th October 2023, which rejected the appellant...

High Court

Bombay High Court Allows Appeal in Dishonour of Cheque Case — Presumption Under Section 139 of Negotiable Instruments Act Not Rebutted by Accused. The Court held that the accused failed to rebut the presumption of legally enforceable debt, and the trial court erred in acquitting the accused based on insufficient evidence.

9 Aug 2018

The appellant, Mrs. Mercy D'costa Salve, filed three criminal appeals against the judgment and order dated 23.08.2017 passed by the Judicial Magistrat...

High Court

Bombay High Court Acquits Public Servant in Corruption Case Due to Unreliable Trap Witness and Lack of Corroboration. Conviction under Sections 7 and 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988 set aside as sole trap witness was interested and testimony suffered from material contradictions.

11 Jan 2018

The appellant, Dattatraya Bhagwan Omase, a public servant working as a Junior Engineer with the Maharashtra State Electricity Distribution Company Lim...

High Court

Bombay High Court Allows Appeal Against Acquittal in Cheque Bounce Case — Presumption Under Section 139 NI Act Not Rebutted by Accused. Hand Loan of Rs.30 Lakhs Held Legally Enforceable Debt, Conviction Restored.

7 Aug 2015

The original complainant, Smt. Sulekhabai Chowghule (since deceased, represented by her legal heir), filed a complaint under Section 138 of the Negoti...

High Court

Bombay High Court Dismisses Appeal Against Acquittal in Cheque Dishonour Case Due to Lack of Proof of Debt and Probable Defence. Complainant Failed to Establish Legally Enforceable Debt as Cash Loan Exceeded Income Tax Limit and No Documentary Evidence of Transaction.

14 Aug 2012

The appeal was filed by the complainant (Smt. Shobha and others) against the acquittal of the respondent/accused (Gajanan Joshi) under Section 138 of ...

High Court

High Court of Bombay Allows Revenue's Appeal in MVAT Penalty Case — Section 61(2) Does Not Permit Reduction of Penalty Below Statutory Rate. The court held that once a penalty is imposed under Section 61(2) of the MVAT Act, the quantum must be exactly one tenth per cent of total sales, with no discretion to reduce.

15 Sep 2011

The Revenue appealed against a decision of the Maharashtra Sales Tax Tribunal reducing a penalty imposed under Section 61(2) of the Maharashtra Value ...

High Court

Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Court holds that no substantial question of law arises when findings are based on appreciation of evidence and not perverse.

30 Nov -0001

The case arises from a second appeal filed by the original plaintiffs (appellants) against the dismissal of their suit for possession of agricultural ...

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