Search Results for "presumption rebuttable"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "presumption rebuttable"

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High Court

Bombay High Court Allows Appeal and Remands Land Acquisition Reference for Parity in Compensation — Presumption of Death Under Section 110 of BSA Act Clarified. The Court held that the principle of parity requires consistent compensation for similarly situated landowners and that legal representatives need not produce a succession certificate when relationship is undisputed.

8 Aug 2024

The case arises from a first appeal filed by the legal representatives of the original claimant, Savitribai Ambagade, against the judgment and award d...

Supreme Court

Supreme Court Clarifies Legal Insanity Defence Under Section 84 IPC and Burden of Proof Under Section 105 Evidence Act. The court held that insanity must be legal, not medical, to exempt from criminal liability, with the accused bearing the burden of proof on a preponderance of probabilities standard.

12 Jan 2023

The judgment involved an appeal where the appellant raised the plea of insanity under Section 84 of the Indian Penal Code, 1860, seeking reversal of a...

High Court

Bombay High Court Quashes Defamation Proceedings Against Newspaper Chairman and Editor-in-Chief for Lack of Specific Allegations. Process under Section 500 IPC set aside as complaint failed to show applicants' direct involvement in selection or publication of defamatory news item.

20 Jun 2022

The applicants, Vijay Darda (Chairman of Lokmat Media Private Limited) and Rajendra Darda (Editor-in-Chief of Lokmat Media), filed a criminal applicat...

High Court

Bombay High Court Dismisses Husband's Application for DNA Test in Domestic Violence Proceedings — Paternity Denial Not Permissible Without Strong Prima Facie Evidence. The court held that a DNA test cannot be ordered as a matter of course to rebut the presumption of legitimacy under Section 112 of the Indian Evidence Act, 1872, and the husband's bare allegations of adultery were insufficient.

18 Feb 2021

The case arises from a criminal application filed by Sahebrao Deorao Chavan (applicant No. 1) challenging an order dated 03/01/2019 passed by the Judi...

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...

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 2019

The 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...

Supreme Court

Supreme Court Acquits Accused in Corruption Case Due to Lack of Proof of Demand. Conviction under Prevention of Corruption Act cannot be sustained when primary evidence of demand is absent due to complainant's death and no other reliable evidence establishes demand.

28 Feb 2019

The Supreme Court allowed the appeal of Mrs. Neeraj Dutta, an LDC in Delhi Vidyut Board, who was convicted under Sections 7 and 13(1)(d) read with Sec...

High Court

Bombay High Court Upholds Conviction of Company and Directors in Cheque Dishonour Case Under Section 138 r/w 141 of Negotiable Instruments Act, 1881. Directors' Claim of Not Being In Charge of Business at Time of Cheque Issuance Fails to Rebut Presumption of Liability Under Section 141.

14 Mar 2017

The case involves a criminal revision application filed by M/s. Jaimin Jewelery Exports Pvt. Ltd. (Accused No.1) and its directors, Gautam Mehta (Accu...

High Court

High Court of Karnataka Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Dishonour of Cheque Due to Improper Appreciation of Evidence. Presumption under Section 139 of N.I. Act stands unless rebutted by accused; mere denial of signature or receipt of notice insufficient to rebut presumption.

30 Aug 2013

The appellant, CREF Finance Limited, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, alleging that the respondent, Sree S...

High Court

Bombay High Court Dismisses Criminal Applications Challenging Magistrate's Orders in Private Complaint Cases — Reiterates Limited Scope of Revision Against Interlocutory Orders Under Section 397 CrPC. Order Issuing Process Under Section 204 CrPC is Interlocutory and Not Subject to Revision.

30 Nov -0001

The judgment involves multiple criminal applications filed before the Bombay High Court challenging orders passed by Magistrates issuing process again...

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