Search Results for "rebuttal issue"

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Search Results for "rebuttal issue"

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High Court

Bombay High Court Acquits Accused in Corruption Case Due to Invalid Sanction and Unproven Demand. Sanctioning Authority's Lack of Competence and Failure to Prove Demand by Gesture Alone Lead to Acquittal Under Sections 7 and 13(1)(d) of Prevention of Corruption Act, 1988.

19 Aug 2024

The case arose from a criminal appeal against the conviction of Shankar Babarao Mukkawar, a former Executive Engineer with the Maharashtra Jivan Pradh...

High Court

Bombay High Court Dismisses State Appeal Against Acquittal in Corruption Case Due to Unreliable Complainant and Lack of Corroboration. Demand and acceptance of bribe not proved beyond reasonable doubt under Sections 7 and 13(1)(d) of Prevention of Corruption Act, 1988.

12 Apr 2024

The State of Maharashtra, through the Anti Corruption Bureau, Bhandara, filed an appeal against the judgment and order dated 29.11.2013 passed by the ...

High Court

High Court of Bombay at Goa Dismisses Revision Against Conviction Under Section 138 of Negotiable Instruments Act, 1881 — Cheque Issued as Security for Advance Payment Dishonoured. Court holds that once a cheque is issued towards discharge of a legally enforceable debt or liability, the presumption under Section 139 of the NI Act applies, and the accused failed to rebut it.

6 Feb 2024

The case arises from a criminal revision application filed by the applicant, Maximos Ekka, challenging his conviction under Section 138 of the Negotia...

High Court

High Court Acquits Sub-Registrar in Corruption Case Due to Unreliable Trap Witness. Conviction under Sections 7 and 13(2) of Prevention of Corruption Act, 1988 set aside as demand and acceptance of bribe not proved beyond reasonable doubt.

4 Sep 2023

The appellant, Mohan Bhaiyyalal Shrivastava, was a Sub-Registrar at Barshitakli, Akola. He was convicted by the Special Judge, Akola in Special Case N...

Supreme Court

Supreme Court Allows State's Appeal in Forest Land Dispute Due to Denial of Adequate Opportunity and Procedural Errors. The Court set aside lower court judgments and remanded the matter for fresh trial, emphasizing the need to admit additional survey evidence and consider resurvey renumbering under the Forest Regulation and Code of Civil Procedure, 1908.

20 Sep 2022

The dispute centered on land in village Chikkasanne within Bhuvanahalli State Forest area. The State of Karnataka appealed against the High Court's di...

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Presumption under Section 139 of Negotiable Instruments Act, 1881 not rebutted; failure to show loan in income tax returns does not invalidate legally enforceable debt.

25 Nov 2020

The appellant, Pushpa Sanchalal Kothari, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the acquitt...

Supreme Court

Supreme Court Dismisses Review Petition in Contempt Case for Violation of Asset Restraint Orders. The court found that the review petitioner failed to show any error apparent on record justifying interference, as the omitted reply did not contradict the factual basis of the contempt findings.

31 Aug 2020

The Supreme Court dismissed review petitions filed by Dr. Vijay Mallya against the judgment dated 09.05.2017, which had found him guilty of contempt o...

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case, Reverses Acquittal. The court held that the trial court erred in failing to apply the presumption under Section 139 of the Negotiable Instruments Act, 1881, and that the accused failed to rebut the presumption.

23 Jul 2019

The appellant, Doshi Brothers, a proprietary concern, filed a private complaint under Section 138 of the Negotiable Instruments Act, 1881, against M/s...

High Court

Bombay High Court Dismisses Landlord's Revision in Rent Control Eviction Suit — No Subletting or Unauthorised Possession Proved. Landlord failed to establish that tenant had sublet the premises or parted with possession, as required under Section 15 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

4 Jul 2016

The present revision application arises out of a landlord's suit for eviction filed under the Bombay Rents, Hotel and Lodging House Rates Control Act,...

High Court

Bombay High Court Allows Expungement of Irrelevant Portions from Affidavit of Examination-in-Chief in Testamentary Suit — Irrelevant and Prejudicial Statements Struck Out to Ensure Fair Trial. The court held that portions of an affidavit that are not relevant to the issues in the suit and are likely to prejudice the trial must be expunged under the Indian Evidence Act, 1872.

10 Jun 2014

The applicant, Mrs. Mahabanoo Navroz Kotwal, filed a testamentary petition for probate of the alleged last Will and Testament of Nergish Keki Cassad, ...

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