Search Results for "Presumption Under Section 139"

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Search Results for "Presumption Under Section 139"

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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

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 Issues Comprehensive Guidelines to Combat Child Marriage in India — Emphasizes Constitutional Rights and International Obligations. The Court held that child marriage violates fundamental rights and directed stronger enforcement of the Prohibition of Child Marriage Act, 2006, along with preventive and support measures.

18 Oct 2024

The Supreme Court of India delivered a landmark judgment in a public interest litigation filed by the Society for Enlightenment and Voluntary Action, ...

High Court

Bombay High Court Allows Petitions by Offshore Drilling Companies Challenging Reassessment Notices Under Section 148 of Income Tax Act, 1961 — Notices Quashed for Being Time-Barred and Lacking Proper Sanction. Reassessment notices for AY 2014-15 and 2015-16 were issued beyond the four-year time limit under Section 149 without any allegation of failure to disclose material facts, and the sanction under Section 151 was granted without proper application of mind.

4 Aug 2023

The petitioners, Shelf Drilling Ron Tappmeyer Limited, Shelf Drilling J.T. Angel Limited, and Shelf Drilling Trident XII Limited, are companies incorp...

High Court

Bombay High Court Allows Petitions by Offshore Drilling Companies Challenging Reassessment Notices Under Income Tax Act, 1961 — Section 147 Reassessment Invalid Due to Lack of Jurisdictional Condition Precedent. The court held that reassessment notices were issued without proper application of mind and without valid reasons to believe that income had escaped assessment, and quashed the notices.

4 Aug 2023

The petitioners, Shelf Drilling Ron Tappmeyer Limited, Shelf Drilling J.T. Angel Limited, and Shelf Drilling Trident XII Limited, are companies incorp...

High Court

High Court of Karnataka Allows Appeal in Cheque Dishonour Case — Acquittal Set Aside Due to Improper Appreciation of Evidence. Presumption Under Section 139 of NI Act Not Rebutted by Accused.

23 Nov 2020

The appellant, Srinidhi Finance & Investment Corporation, filed a criminal appeal against the acquittal of the respondent, Basavanthappa, for the offe...

High Court

High Court of Karnataka Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Dishonour of Cheque. Presumption of Legally Enforceable Debt Under Section 139 of N.I. Act Stands Unless Rebutted by Accused.

29 Nov 2019

The appellant, Sri Rangaswamy, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment dated 15...

High Court

High Court of Bombay at Aurangabad Upholds Conviction in Cheque Dishonour Case — Rebuttable Presumption Under Section 139 of Negotiable Instruments Act Not Rebutted by Accused. The court dismissed the revision application, affirming the concurrent findings of conviction under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of a cheque issued for repayment of a hand loan.

24 Jan 2019

The applicant, Vishnu s/o Amthalal Patel, was the original accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881 filed by t...

High Court

Bombay High Court Dismisses Appeal in Summary Suit — Defendant's Vague Defence of Security Cheques Not a Triable Issue. The court upheld the decree for Rs.61,00,000/- with interest under Order 37 CPC, as the defendant failed to disclose a plausible defence.

16 Jul 2012

The respondent/plaintiff, Pravin Hiralal Shah, filed a summary suit against the appellant/defendant, Rajesh Laxmichand Udeshi @Bhatia, for recovery of...

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 2011

The appellant, Vithal @ Vithoba Gorakh Shinde, was the original complainant in a complaint under Section 138 of the Negotiable Instruments Act, 1881 (...

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