Lack of Proof of Demand in Corruption Case
12 Apr 2024The importance of corroborating evidence in proving offences under Sections 7 and 13(1)(d) of the Prevention of Corruption Act. Nagpur Bench, ...
Search Results for "Presumption Rebutted"
493 result(s) found
Found 493 result(s)
High Court
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.
28 Sep 2021The case involves a criminal revision petition filed by the accused, S Ramesh Kumar, challenging his conviction under Section 138 of the Negotiable In...
- 176
High Court
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.
31 Mar 2021The appellant, Krishna Gopal Khetan, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment of...
- 78
High Court
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.
7 Aug 2019The appellant/complainant filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment of acquittal ...
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 2019The 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...
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High Court
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.
25 Nov 2014The case involves a criminal revision application filed by the complainant, M/s. Shradha Shipping Co. Pvt. Ltd., against the judgment of the Additiona...
- 51
High Court
Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Acquittal Set Aside Due to Improper Appreciation of Evidence. Dishonour of Cheque for Rs.35,000/- on Ground of 'Account Closed' Attracts Section 138 NI Act; Accused's Defence of Loan Repayment Not Proved.
24 Nov 2011The appellant, Vithal @ Vithoba Gorakh Shinde, was the original complainant in a complaint under Section 138 of the Negotiable Instruments Act, 1881 (...
- 99
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 2010The 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 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.
30 Nov -0001The judgment pertains to two second appeals arising from a property dispute among members of the Desai family. The appellants, original defendants 1 t...
- 78
High Court
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.
30 Nov -0001The case involves a criminal revision application filed by the accused, Vyomesh Jitendra Trivedi, challenging his conviction under Section 138 of the ...
- 111
