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Bombay High Court Allows Appeal in Cheque Dishonour Case, Restores Conviction Under Section 138 NI Act. Presumption under Section 139 NI Act operates in favour of complainant once signature on cheque is admitted, and accused must rebut with probable defence.

The appellant, M. Jayaram Shetty, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, alleging that the respondent, Vijay V. ...

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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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High Court of Bombay at Goa Dismisses Appeal Against Acquittal in Cheque Dishonour Case Due to Failure to Prove Legally Enforceable Debt. Complainant's inconsistent evidence and lack of financial capacity led to upholding of acquittal under Section 138 of Negotiable Instruments Act, 1881.

The appellant, Vikas Gopi Bhagat, filed a criminal appeal against the judgment and order of acquittal dated 28.5.2013 passed by the Judicial Magistrat...

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Supreme Court Restores Acquittal in Cheque Dishonour Case Due to Complainant's Failure to Prove Debt. High Court's Reversal Set Aside as Trial Court's Findings on Rebuttal of Presumption Were Plausible and Not Perverse.

The Supreme Court allowed the appeal filed by Rohitbhai Jivanlal Patel against the judgment of the Gujarat High Court, which had reversed his acquitta...

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High Court of Karnataka Allows Appeal Under Section 454 Cr.P.C. — Sets Aside Confiscation of Rs. 25 Lakhs Deposited by Witness. Confiscation Order Held Without Authority of Law as Money Was Deposited Under Mistaken Order, Not as Fine or Penalty.

The appellant, Shamshad Ahamed, was a witness (PW-122) in a criminal trial (S.C. No. 430 of 2002) involving 33 accused charged with various offences u...

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Supreme Court Upholds Conviction of Accused No. 3 for Dishonestly Receiving Stolen Gold Bars in Bank Fraud Case. Court holds that possession of stolen property soon after theft, coupled with lack of explanation, is sufficient for conviction under Section 411 IPC.

The case pertains to a large-scale bank fraud involving forged Telegraphic Transfers (TTs) amounting to Rs. 6,70,00,000/- at Vijaya Bank, Nasik Branch...

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High Court of Bombay Hears Appeal Against Order in Execution Proceedings; Permits Power of Attorney Holder to Argue. Execution of Decree for Possession in Specific Performance Suit Involves Third Party Rights.

This appeal under Clause 15 of the Letters Patent read with Order XXI Rule 103 of the Code of Civil Procedure, 1908, challenged the order of a learned...