Search Results for "rebuttable presumption"

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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 "rebuttable presumption"

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Supreme Court

Supreme Court Dismisses Appeals by Competition Commission of India and Kapoor Glass in Abuse of Dominance Case — No Abuse Found in Volume Discounts and Contractual Terms by Dominant Glass Tubing Manufacturer. The court held that volume discounts are not per se abusive under Section 4 of the Competition Act, 2002, and that the evidence did not establish anti-competitive foreclosure or refusal to supply.

30 Jun 2025

The case arises from an information filed by Kapoor Glass India Pvt. Ltd. on 25 May 2010 under Section 19 of the Competition Act, 2002, alleging that ...

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...

High Court

Bombay High Court Dismisses Second Appeal in Property Dispute Between Brothers — Concurrent Findings of Fact Not Interfered With. Suit for Possession and Injunction Dismissed as Plaintiff Failed to Prove Title and Encroachment.

29 Nov 2023

The plaintiff, Bhagwatrao Randive, filed a suit for possession and permanent injunction against his brother, Panditrao Randive, alleging encroachment ...

High Court

Bombay High Court Acquits Appellants in POCSO Case Due to Inconsistent Testimony and Lack of Corroboration — Conviction for Aggravated Penetrative Sexual Assault and Sexual Assault Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt

6 May 2022

The case involves two criminal appeals filed by Gautam Chandrakant Khairnar and Bhaiyya @ Sharad Chandrakant Khairnar against their conviction under t...

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 Quashes FIR in Money Lending and Forgery Case Due to Malafide Complaint and Suppression of Facts. Repeated complaint on same allegations after earlier quashing amounts to abuse of process under Section 482 CrPC.

30 Jan 2020

The applicants, Anup Dodiya and Niranjan Dodiya, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashi...

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 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...

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