Search Results for "Rebuttable Presumption"

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High Court of Karnataka Allows Appeal in Money Recovery Suit — Photostat Copy Compared with Original is Admissible as Secondary Evidence Under Section 63 of Evidence Act, 1872. Section 11 of Karnataka Money Lenders Act, 1961 Does Not Mandate Production of Licence to Maintain Suit.

The appellant, Shri M. Ratnavarma Padival, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgm...

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Bombay High Court Dismisses Union of India's Challenge to CAT Order Quashing Dismissal of Naval Employee for Non-Service of Charge Sheet. Failure to Serve Charge Sheet at Correct Address Violates Natural Justice, Disciplinary Proceedings Vitiated.

The case involves a challenge by the Union of India and naval authorities against a judgment of the Central Administrative Tribunal, Mumbai Bench, whi...

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High Court of Karnataka Acquits Accused in POCSO and Rape Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction under Section 376 IPC and Section 4 of POCSO Act, 2012 set aside as prosecution failed to prove guilt beyond reasonable doubt.

The appellant, G S Venkatesh, was convicted by the I Additional District and Sessions Judge, Chikkaballapur, in Special S.C. No.12/2016 for offences p...

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Bombay High Court Dismisses Appeal in Cheque Dishonour Case Due to Failure to Prove Legally Enforceable Debt. Complainant failed to establish existence of debt or liability under Section 138 of Negotiable Instruments Act, 1881 as loan transaction was not proved.

The appellant, Smt. Tasneem Murshedkar Mazhar, was the original complainant in a summary criminal case under Section 138 of the Negotiable Instruments...

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Bombay High Court Quashes Criminal Proceedings Against Managing Director and Publisher in Defamation Case for Lack of Specific Allegations of Involvement in Publication. Managing Director Not Liable Under Sections 500, 501, 502 IPC Without Evidence of Direct Role in Publication.

The applicants, Muncherji Nusserwanji Cama (Managing Director of Bombay Samachar Pvt. Ltd.) and the company itself, filed an application under Section...

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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.

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

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High Court of Karnataka Hears Regular First Appeals Against Common Judgment in Suits for Declaration and Partition. Appeals Challenge Decrees Dismissing Declaration Suit and Decreeing Partition Suit in Favor of Claimed Adopted Son.

The dispute arose between Murudavva, widow of Channabasanagouda Patil, and Veeranagouda, who claimed to be the adopted son of the couple. Channabasana...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Acquittal Set Aside Due to Improper Appreciation of Evidence. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands in favor of complainant unless rebutted by accused.

The appellant, Mahesh Urban Credit Coop. Society Ltd., through its manager, filed a criminal appeal challenging the acquittal of the respondent, Naray...

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Bombay High Court Upholds Conviction of Accused in Cheque Dishonour Case Despite Separate Trials for Multiple Cheques. Dishonour of three cheques treated as separate offences under Section 138 of Negotiable Instruments Act, 1881, but separate trials not resulting in prejudice.

The dispute between the complainant Nilesh P. Salgaonkar and the accused Deelip Apte involved three cheques issued by the accused to the complainant, ...