Search Results for "rebuttable presumption"

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High Court partly allowed Revision Petition in Cheque Dishonour Case -- Conviction Under Section 138 of Negotiable Instruments Act Upheld However order for imposition of cost set aside -- Petitioner Challenge to Conviction and Sentence Fails

The High Court dismissed a criminal revision petition challenging conviction under Section 138 of Negotiable Instruments Act -- The petitioner was con...

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Supreme Court Allows Appeal in Negotiable Instruments Act Case — Reverses High Court Conviction Due to Failure to Prove Legally Enforceable Debt. Accused's Defence of Blank Cheque Misuse and Absence of Loan Disbursement Raises Probable Doubt, Rebutting Presumption Under Section 139.

The case involves a criminal appeal under Section 138 of the Negotiable Instruments Act, 1881. The appellant, ANSS Rajashekar, was accused by the resp...

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Bombay High Court Acquits Accused in PoCSO Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction for Aggravated Penetrative Sexual Assault Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The appellant, Rahul Dagadu Sirsat, was convicted by the Special Judge, Akot, under the Protection of Children from Sexual Offences Act, 2012 (PoCSO A...

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Bombay High Court Allows Appeal Against Acquittal in Cheque Bounce Case — Presumption Under Section 139 NI Act Not Rebutted by Accused. Hand Loan of Rs.30 Lakhs Held Legally Enforceable Debt, Conviction Restored.

The original complainant, Smt. Sulekhabai Chowghule (since deceased, represented by her legal heir), filed a complaint under Section 138 of the Negoti...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Reverses Acquittal Under Section 138 NI Act. Presumption of Legally Enforceable Debt Arises When Signature on Cheque is Admitted, and Burden Shifts to Accused to Rebut.

The appellant, Shriniwas Ramdas Siwerwat, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Shantara...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Court holds that no substantial question of law arises when findings are based on appreciation of evidence and not perverse.

The case arises from a second appeal filed by the original plaintiffs (appellants) against the dismissal of their suit for possession of agricultural ...