Search Results for "rebuttable presumption"

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Search Results for "rebuttable presumption"

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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...

Supreme Court

Supreme Court Dismisses Appeal of Public Servant in Water Pollution Case, Upholding Remand for Merits Consideration. Protection under Section 197 CrPC Held Unavailable Due to Deeming Provisions in Sections 47 and 48 of Water (Prevention and Control of Pollution) Act, 1974, Which Override General Criminal Procedure Under Section 60.

13 Jul 2021

The Supreme Court considered a criminal appeal arising from prosecution under the Water (Prevention and Control of Pollution) Act, 1974. The appellant...

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 Upholds Acquittal in Cheque Bounce Case Due to Failure to Prove Debt Liability. Appellant Society Failed to Establish Loan Agreement and Outstanding Amount Under Section 138 of Negotiable Instruments Act, 1881.

16 Aug 2018

The appellant, Dharampeth Mahila Urban Credit Cooperative Society Limited (now Dharampeth Mahila Multi State Cooperative Society Limited), filed a cri...

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

High Court Allows Appeal in Cheque Dishonour Case Due to Non-Examination of Key Witness and Improper Appreciation of Evidence. The court held that the presumption of legally enforceable debt under Section 139 of the Negotiable Instruments Act, 1881 was not rebutted and the notice was validly sent after the second dishonour.

1 Dec 2011

The appellant, Navneetdas Narayandas Barshikar, the original complainant, filed an appeal against the judgment and order of acquittal dated 16th Augus...

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case, Reverses Acquittal Under Section 138 NI Act. Presumption of Legally Enforceable Debt Arises When Signature on Cheque is Admitted, and Burden Shifts to Accused to Rebut.

7 Jul 2011

The appellant, Shriniwas Ramdas Siwerwat, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Shantara...

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