Search Results for "presumptions"

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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...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

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High Court

High Court of Karnataka Upholds DNA Test Order in Partition Suit to Determine Paternity — Trial Court's Direction for Blood Sample Collection Under Section 45 r/w 56 of Indian Evidence Act, 1872 and Section 151 CPC Upheld. The court held that DNA testing is a reliable scientific method to establish paternity and is necessary for just adjudication of the suit.

3 Dec 2015

The petitioner, Rajanaika, was the first defendant in a partition suit (O.S.No.170/2010) filed by his son, Umesh (plaintiff/respondent no.1), seeking ...

High Court

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.

6 Jul 2006

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

High Court

Bombay High Court Allows Recall of Witnesses in POCSO Case Due to Violation of Right to Be Present Under Section 273 CrPC and Ineffective Cross-Examination by Former Advocate. The court set aside the Special Court's order refusing recall and directed recall of PW 1 to PW 9 for further cross-examination, holding that the applicant's absence during evidence and inadequate cross-examination caused serious prejudice.

14 Dec 2020

The applicant, Satpalsingh Surajsingh Bawari, a 19-year-old student, faced prosecution under the Indian Penal Code and the Protection of Children from...

High Court

Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Readiness and Willingness Upheld. Agreement to Sell for Rs. 1,10,000 with Rs. 1,000 Earnest Money; Plaintiff Proved Continuous Readiness and Willingness to Perform.

30 Nov -0001

The case involves a suit for specific performance of an agreement to sell agricultural land. The plaintiffs (respondents) entered into an agreement wi...

High Court

High Court of Bombay at Goa Upholds Acquittal in Cheque Dishonour Case Due to Lack of Legally Enforceable Debt. Appellant failed to prove that the cheque dated 06.03.2004 was issued towards a debt or liability that existed on that date, as the liability arose only after 50 days from the contract date.

4 May 2026

The appellant, Kala Mines and Minerals, a partnership concern, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the...

Supreme Court

Supreme Court Dismisses Consumer Complaint Against Postal Authorities in Kisan Vikas Patra Fraud Case. Postal authorities not vicariously liable for agent's fraud as payment was made to holder under Negotiable Instruments Act, 1881, and appellants' negligence in signing instruments contributed to loss.

7 Feb 2022

The dispute arose from a consumer complaint filed by Pradeep Kumar and Raj Rani against postal authorities, including the Post Master General and othe...

High Court

High Court of Karnataka Upholds Acquittal in Negotiable Instruments Act Case — Complainant Fails to Prove Debt Legally Enforceable. Loan of Rs. 1,00,000 advanced by LIC agent to acquaintance not proved as legally recoverable debt under Section 138 of Negotiable Instruments Act, 1881.

9 Oct 2023

The complainant-appellant, Sharanappa, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment ...

High Court

Bombay High Court Dismisses Summons for Judgment in Summary Suit Based on Dishonoured Cheque and Guarantee — Triable Issues Raised Regarding Authority and Fraud. The court held that the defendants raised substantial triable issues including lack of authority and fraud, entitling them to unconditional leave to defend under Order 37 of the Code of Civil Procedure, 1908.

23 Aug 2012

The plaintiff, Ashapura Aluminum Limited, filed a summary suit against the defendants, including Jayesh Nagindas Doshi, based on a dishonoured cheque,...

High Court

High Court of Karnataka Disposes of Death Reference and Appeals Arising from 2000 Church Bomb Blast Case. Accused Allegedly part of Deendar Anjuman, charged with conspiracy under IPC Sections 120-B, 121-A, 124-A, 153-A.

17 Dec 2014

On December 17, 2014, the High Court of Karnataka delivered a common judgment in Criminal RC No. 3/2008, Criminal Appeal No. 1203/2008, and Criminal A...

High Court

Bombay High Court Acquits Appellants in Murder Case Based on Circumstantial Evidence — Failure to Prove Chain of Circumstances. Conviction under Section 302 read with Section 34 IPC set aside as prosecution failed to establish last seen, motive, and recovery of weapon.

3 Oct 2023

The appellants, Barku Baburao Kolape and Ranjana Vijay Sardar, were convicted by the learned Additional Sessions Judge, Dhule in Sessions Case No. 27 ...

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