Search Results for "rebuttal issue"

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Search Results for "rebuttal issue"

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Supreme Court

Supreme Court Allows Appeal in Dishonoured Cheque Case Under Negotiable Instruments Act, 1881, Restoring Complaint for Trial. The Court held that the presumption under Section 139 of the Act regarding legally enforceable debt is rebuttable only at trial, not at pre-trial stage, and the basic ingredients under Section 138 were prima facie satisfied.

7 Apr 2026

The dispute arose from a complaint filed under Section 138 of the Negotiable Instruments Act, 1881, by the appellant against the second respondent, wh...

High Court

High Court of Karnataka Allows Appeal Against Acquittal in Cheque Bounce Case — Presumption Under Section 139 NI Act Not Rebutted by Accused. The court held that the complainant proved the existence of a legally enforceable debt and the accused failed to rebut the presumption under Section 139 of the Negotiable Instruments Act, 1881.

20 Sep 2023

The complainant, Chidamber S. Nanavate, filed a criminal appeal under Section 378(1) and (4) of the Code of Criminal Procedure, 1973, challenging the ...

High Court

Bombay High Court Allows Appeal in Dishonour of Cheque Case — Presumption Under Section 139 of Negotiable Instruments Act Not Rebutted by Accused. The Court held that the accused failed to rebut the presumption of legally enforceable debt, and the trial court erred in acquitting the accused based on insufficient evidence.

9 Aug 2018

The appellant, Mrs. Mercy D'costa Salve, filed three criminal appeals against the judgment and order dated 23.08.2017 passed by the Judicial Magistrat...

High Court

High Court of Bombay at Goa Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 — Failure to Offer Personal Search Before Gazetted Officer or Magistrate Renders Conviction Unsustainable. The court held that the prosecution must prove compliance with Section 50 of the NDPS Act, and in the absence of such proof, the recovery of contraband is illegal and the conviction cannot stand.

4 Jul 2018

The appellant, Shripad Tandel, was convicted by the trial court under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985...

High Court

Bombay High Court Allows Appeal in Unfair Labour Practice Case, Restores Compensation. Functional Integrality between two companies established, making them jointly liable for unfair labour practices under Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971.

20 Mar 2018

The appeal was filed by workmen against the judgment of a learned Single Judge of the Bombay High Court, who had set aside the order of the Industrial...

High Court

Bombay High Court Dismisses Wife's Appeal Against Divorce Decree on Ground of Cruelty — Marriage Dissolved Due to Wife's Hostile Attitude and Incompatibility. The court upheld the Family Court's finding that the wife's conduct amounted to mental cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, and dismissed the counter-claim for restitution of conjugal rights.

25 Jan 2018

The appellant-wife, Phulmala Ajay Singh, challenged the judgment and decree dated 13th October 2006 passed by the Family Court, Pune in Petition No. 4...

High Court

Bombay High Court Partially Allows Appeal in Land Acquisition Case, Enhances Compensation for Land Acquired for Road Construction. The court enhanced compensation from ₹52/- to ₹200/- per sq.mt. under Section 18 of the Land Acquisition Act, 1894, considering location and amenities.

1 Sep 2017

The appellant, Jacinto Baretto Miranda, owned land in Margao, Goa, which was acquired by the government for road construction. Possession was taken in...

High Court

Bombay High Court Dismisses Husband's Revision Against Maintenance Award to Wife and Minor Son Under Section 125 CrPC. Husband Failed to Prove Wife's Desertion Without Sufficient Cause; Wife's Allegations of Cruelty and Dowry Demand Accepted.

12 Jul 2017

The case involves two criminal revision applications filed by Nirajkumar Kapurchand Jain against the judgment of the Family Court, Nagpur, dated 3.12....

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Appreciation of Evidence — Permanent Disability from Fracture Injuries Established. Court holds that the Tribunal erred in dismissing the claim petition despite evidence of rash and negligent driving and permanent disability under the Motor Vehicles Act, 1988.

16 Jun 2017

The appellant, original claimant before the Motor Accidents Claims Tribunal (MACT), Mapusa, filed an appeal challenging the judgment and award passed ...

High Court

High Court of Karnataka Enhances Compensation for Injured Claimant in Motor Accident Case — Multiplier of 18 Applied Based on Age of Victim. Loss of Future Income Assessed at Rs. 4,500 per Month for Coolie Worker with Fracture of Femur and Head Injury.

9 Jan 2015

The appellant, Zameer, aged 19 years, filed a claim petition under the Motor Vehicles Act, 1988, seeking compensation for injuries sustained in a moto...

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