Search Results for "presumption under Section 139"

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High Court of Karnataka Quashes Proceedings in NI Act Case Due to Absence of Legally Recoverable Debt Allegation. Complaint under Section 138 of Negotiable Instruments Act, 1881 fails to aver existence of legally enforceable debt or liability.

The petitioner, R Parimala Bai, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of proceedings in CC No.22...

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Karnataka High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act Due to Lack of Tangible Material and Mere Change of Opinion. Reopening of Assessment After Full Disclosure and Acceptance of Logo Fee as Revenue Expenditure in Previous Years Held Impermissible.

The writ petition was filed by the assessee, a limited company manufacturing kitchen appliances, challenging a notice dated 11.02.2014 issued under Se...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Presumption under Sections 118(a) and 139 of Negotiable Instruments Act, 1881 not rebutted by accused.

The appellant, Dr. Kailash Charkha, was the original complainant in Summary Criminal Case 160 of 2004 before the Judicial Magistrate First Class, Wash...

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High Court of Karnataka Quashes Proceedings in NI Act Case Due to Absence of Legally Recoverable Debt Allegation. Complaint under Section 138 of Negotiable Instruments Act, 1881 fails as no averment of legally enforceable debt or liability exists.

The petitioner, R Parimala Bai, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of proceedings in C...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Reverses Acquittal Under Section 138 NI Act. Presumption under Sections 118(a) and 139 of Negotiable Instruments Act, 1881 held to be in favour of complainant unless rebutted by accused.

The appellant, Sachin Food Processor, a registered partnership firm, filed a criminal complaint against the respondent, Sanjay T. Pathak, under Sectio...

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High Court of Karnataka Allows Appeal in NI Act Case — Restores Conviction for Cheque Dishonour. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands unless accused rebuts with probable defence.

The appeal was filed by the complainant, Smt. G. Suma, challenging the judgment of acquittal dated 29.01.2011 passed by the Presiding Officer, Fast Tr...

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Bombay High Court Allows Complainant's Appeal in Cheque Dishonour Case, Restores Conviction Under Section 138 of Negotiable Instruments Act, 1881. Appellate Court Erred in Reversing Conviction Without Properly Appreciating Evidence and Rebuttal of Presumption.

The case involves two appeals filed by the original complainant, Mrs. Usha Hiralal Kanojia, against a common judgment of the Additional Sessions Judge...