Search Results for "rebuttable presumption"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal in Motor Accident Claim Case — Death Not Arising O...
Bombay High Court Dismisses Petitioner's Challenge to Arbitral Award in Commerci...
Bombay High Court Dismisses Appeal Against Attachment of Property in NSEL Scam C...
Bombay High Court Allows Appeal in Customs Classification Dispute — Bulk Pet F...

Search Results for "rebuttable presumption"

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Supreme Court

Supreme Court Dismisses Accused's Appeal in Cheque Dishonour Case Upholding Rejection of Additional Evidence Application. Appellate Court Correctly Refused to Assist Accused in Collecting Defence Evidence Under Section 391 CrPC as Presumption Under Section 118 NI Act Favors Complainant and Accused Failed to Rebut It Despite Opportunity.

29 Jan 2024

The Supreme Court heard an appeal by special leave challenging the High Court of Gujarat's order dated 25th October 2023, which rejected the appellant...

Supreme Court

Supreme Court Dismisses Appeal of Public Servant in Water Pollution Case, Upholding Remand for Merits Consideration. Protection under Section 197 CrPC Held Unavailable Due to Deeming Provisions in Sections 47 and 48 of Water (Prevention and Control of Pollution) Act, 1974, Which Override General Criminal Procedure Under Section 60.

13 Jul 2021

The Supreme Court considered a criminal appeal arising from prosecution under the Water (Prevention and Control of Pollution) Act, 1974. The appellant...

High Court

Bombay High Court Dismisses State Appeal Against Acquittal in Corruption Case Due to Unreliable Complainant and Lack of Corroboration. The court held that the prosecution failed to prove demand and acceptance of bribe beyond reasonable doubt under Sections 7, 12, 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988.

23 Oct 2020

The State of Maharashtra appealed against the acquittal of Avinash Sadashiv Khristi and Arun Shivaji Chavan, who were accused of offences under the Pr...

High Court

High Court of Karnataka Dismisses Revision Petition in Cheque Bounce Case — Conviction and Fine of Rs.1.80 Crore Upheld. Dishonour of Cheque for Rs.90 Lakhs Issued Towards Repayment of Loan — Presumption Under Section 139 of Negotiable Instruments Act, 1881 Not Rebutted by Accused.

13 Sep 2019

The case involves a criminal revision petition filed by the accused (Maxworth Realty India Ltd. and its Chairman & Managing Director K. Kesava) challe...

High Court

High Court of Karnataka Allows Appeal in Cheque Dishonour Case, Reverses Acquittal. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands unless accused rebuts with probable defence.

7 Aug 2019

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

High Court

Bombay High Court Upholds Conviction of Accused in Cheque Bounce Case Under Section 138 NI Act — Presumption of Legally Enforceable Debt Not Rebutted. Accused Failed to Prove That Cheque Was Not Issued for Discharge of Any Debt or Liability, Leading to Confirmation of Concurrent Sentence of Six Months.

24 Feb 2014

The case arises from a criminal revision application filed by the accused, Krishna Gudi, against the judgment and order of the Additional Sessions Jud...

High Court

Bombay High Court Dismisses Appeal Against Acquittal in Cheque Dishonour Case Due to Lack of Proof of Debt and Probable Defence. Complainant Failed to Establish Legally Enforceable Debt as Cash Loan Exceeded Income Tax Limit and No Documentary Evidence of Transaction.

14 Aug 2012

The appeal was filed by the complainant (Smt. Shobha and others) against the acquittal of the respondent/accused (Gajanan Joshi) under Section 138 of ...

High Court

High Court of Bombay Allows Revenue's Appeal in MVAT Penalty Case — Section 61(2) Does Not Permit Reduction of Penalty Below Statutory Rate. The court held that once a penalty is imposed under Section 61(2) of the MVAT Act, the quantum must be exactly one tenth per cent of total sales, with no discretion to reduce.

15 Sep 2011

The Revenue appealed against a decision of the Maharashtra Sales Tax Tribunal reducing a penalty imposed under Section 61(2) of the Maharashtra Value ...

High Court

Bombay High Court Allows Petition Challenging Appellate Authority's Order Limiting Assessment Period for Unauthorised Use of Electricity to Three Months Under Section 127 of Electricity Act, 2003. The court held that the appellate authority exceeded its jurisdiction by imposing a limitation not provided for in the Act.

27 Jul 2006

The petitioners, Reliance Energy Limited and its shareholder, challenged the order dated 18.3.2005 passed by the Chief Engineer (Electrical), PWD Depa...

High Court

Bombay High Court Dismisses Legal Representatives' Petition Against Eviction Decree for Subletting Without Consent. Subletting of Tenanted Premises Without Landlord's Consent Constitutes Unauthorized Transfer Under Section 15 of the Maharashtra Rent Control Act, 1999.

26 Jul 2005

The petitioners, legal representatives of the original tenant Vatsala Krishna Jadhav, challenged the eviction decree passed against them by the courts...

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