Search Results for "rebuttal issue"

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Search Results for "rebuttal issue"

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High Court

Madras High Court Allows Appeal in Recovery Suit Based on Promissory Note — Discrepancies in Plaintiff's Evidence and Failure to Prove Execution Lead to Dismissal of Suit. The Court held that the plaintiff failed to discharge the initial burden of proving the execution of the promissory note and the consideration, and the discrepancies in the plaintiff's evidence created doubt about the genuineness of the loan transaction.

29 Jun 2026

The appeal arises from a suit for recovery of money filed by the plaintiff, a money lender, against the defendants based on a promissory note dated 05...

High Court

Madras High Court Dismisses Insurance Company's Appeal in Motor Accident Claim, Upholds Tribunal's Finding of Tractor Involvement. Eyewitness testimony and contemporaneous documents supported the claim, and compensation calculation was as per settled principles.

1 Jun 2026

The case arises from a fatal motor accident that occurred on 06.02.2013 at about 7.30 p.m. The deceased, Nagaraj, was riding his two-wheeler (TVS 50) ...

High Court

Bombay High Court Upholds Validity of Maharashtra Revenue Services (Recruitment) Rules, 2020 and Directs Finalization of Seniority Lists for Deputy Collectors — Seniority to be Determined by Date of Continuous Officiation, Not by Date of Regular Promotion.

8 Aug 2024

The judgment pertains to a batch of writ petitions filed by Deputy Collectors and the State of Maharashtra concerning the determination of seniority o...

High Court

Bombay High Court Allows MSEDCL's Petitions Challenging CGRF Orders on Recovery of Additional Charges from Consumers. MERC Orders on FAC and AEC Recovery Upheld as Binding on Distribution Licensee.

16 Jul 2024

The Bombay High Court dismissed a group of writ petitions filed by Maharashtra State Electricity Distribution Company Ltd. (MSEDCL) challenging orders...

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...

High Court

Bombay High Court Dismisses Writ Petition of Daily Wager Challenging Industrial Court's Order on Res Judicata Grounds. Petitioner's claim for permanency and equal pay barred by earlier complaint dismissed for default, but High Court upholds dismissal on ground of abuse of process.

12 Jan 2024

The petitioner, Rajendra Tribhuvandas Navare, a retired daily wager employed with Solapur Municipal Corporation, filed a writ petition challenging the...

High Court

High Court of Karnataka Allows Appeal in Cheque Dishonour Case — Presumption Under Section 139 N.I. Act Not Rebutted. Complainant's Failure to Prove Financial Capacity Does Not Automatically Discharge Accused When Execution of Cheque is Admitted.

20 Nov 2020

The appellant/complainant filed a criminal appeal under Section 378(4) Cr.P.C. challenging the judgment of acquittal dated 29.12.2010 passed by the XV...

High Court

Bombay High Court Allows Second Appeal in Money Lending Licence Renewal Case — Subsequent Renewal Covering Loan Date is Sufficient Compliance. Licence under Bombay Money Lenders Act need not be obtained before advancing loan if renewal subsequently covers the date of advancement.

2 Mar 2016

The appellant, Hind Finance Industries and Investment Limited, filed a second appeal against the concurrent judgments of the trial court and first app...

High Court

Bombay High Court Quashes Detention Order in COFEPOSA Case Due to Non-Application of Mind and Non-Supply of Documents. Nephew of detenu successfully challenged preventive detention order under Section 3(1) of COFEPOSA on grounds of procedural irregularities and lack of material evidence.

27 Jan 2015

The petitioner, nephew of the detenu Salma Karolia, challenged a detention order dated 30th September 2014 issued under Section 3(1) of the Conservati...

High Court

High Court of Bombay at Goa Allows Appeal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted. Trial Court Erred in Not Framing Proper Points of Determination and Ignoring Legal Presumption in Favour of Complainant.

12 Feb 2014

The appellant, original complainant Sunil Thukral, filed a criminal appeal against the judgment and order dated 19/01/2011 of the Judicial Magistrate ...

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