Search Results for "presumptive clause"

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Search Results for "presumptive clause"

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High Court

Gujarat High Court Allows Appeal Against Acquittal in Negotiable Instruments Act Case — Presumption Under Section 139 Not Rebutted by Accused. The court held that the trial court erred in acquitting the accused as the presumption of legally enforceable debt under Section 139 of the Negotiable Instruments Act, 1881 was not rebutted.

18 Mar 2026

The appellant, original complainant, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 alleging that the accused issued a ch...

Supreme Court

Supreme Court Sets Aside Bail Granted by Calcutta High Court in Jnaneshwari Express Derailment Case — CBI Investigation Undermined by Premature Release. Reverse Burden of Proof Under Section 436A CrPC Not Applicable Where Investigation Ongoing and Trial Not Commenced.

11 Dec 2025

The Supreme Court heard appeals by the Central Bureau of Investigation (CBI) against the grant of bail to multiple accused persons in connection with ...

High Court

High Court of Karnataka Allows Regular Second Appeal in Adoption Dispute — Reverses Appellate Court's Finding of Adoption. Court holds that plaintiff failed to prove valid adoption under Hindu Adoption and Maintenance Act, 1956, as essential ceremonies of giving and taking were not established.

10 Oct 2023

The present regular second appeal was filed by the legal representatives of the defendant, assailing the judgment and decree of the appellate court wh...

High Court

High Court of Karnataka Dismisses State Appeal Against Acquittal in POCSO Case — Prosecution Fails to Prove Guilt Beyond Reasonable Doubt. Inconsistencies in Victim's Testimony and Lack of Corroboration Lead to Confirmation of Acquittal Under Sections 376(1), 342, 506 IPC and Sections 4, 8, 12 of POCSO Act, 2012.

23 Mar 2022

The State of Karnataka filed an appeal under Section 378(1) & (3) of the Code of Criminal Procedure, 1973, challenging the judgment of acquittal dated...

High Court

High Court of Karnataka Quashes Dismissal of Employee for Unauthorized Absence in Hindustan Aeronautics Limited — Procedural Violation Found as Enquiry Officer Failed to Consider Medical Certificates and Conducted Ex Parte Proceedings Without Proper Justification. The court held that disciplinary proceedings must comply with principles of natural justice and that medical certificates cannot be ignored in cases of absence.

18 Feb 2021

The petitioner, Sri C. Ramesh, was employed as an Engineer Grade II in the Research and Design Division of Hindustan Aeronautics Limited (HAL) in Beng...

High Court

Bombay High Court Upholds Will in Property Dispute Between Heirs and Legatee. Will dated 7.1.1997 executed by Joao Francisco Lobo in favour of plaintiff No.1 held valid, dismissing appeals by both parties.

24 Jan 2005

The dispute concerns a property at Calangute known as 'Sullachi Nhat' with a house, originally belonging to Joao Francisco Lobo and his wife. Joao Fra...

High Court

Bombay High Court Allows Appeal in Property Dispute Over Will Validity and Adverse Possession. The court held that the Will was not proved but the defendants failed to prove adverse possession, remanding for fresh consideration.

24 Jan 2005

The dispute concerns a property at Calangute known as 'Sullachi Nhat' with a house, originally owned by Joao Francisco Lobo and his wife Joanita Lobo....

High Court

Bombay High Court Dismisses Appeals in Property Dispute Over Will Validity and Adverse Possession. Court upholds trial court's finding that plaintiff failed to prove execution of will and defendants failed to prove adverse possession.

24 Jan 2005

The case involves a property dispute between the plaintiffs (Carlos Tavora and others) and the defendants (Maria Felicidade Fernandes e Lobo and other...

High Court

Bombay High Court Allows Appeal in Property Dispute Over Will Validity and Adverse Possession. The court upheld the validity of a Will and rejected the claim of adverse possession by co-owners, holding that possession must be hostile and with ouster to ripen into title.

24 Jan 2005

The dispute pertains to a property known as 'Sullachi Nhat' in Calangute, Goa. The plaintiffs claimed title through a Will executed by Joao Francisco ...

High Court

Bombay High Court Upholds Will in Property Dispute, Dismisses Claims of Undue Influence and Lack of Testamentary Capacity. The court held that the propounder of a will must prove its execution and attestation, and once that is done, the onus shifts to those alleging undue influence or fraud.

24 Jan 2005

The case involves a dispute over a property known as 'Sullachi Nhat' in Calangute, Goa, originally owned by Joao Francisco Lobo and his wife Joanita L...

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