Search Results for "presumptions"

Trending :

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...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "presumptions"

542 result(s) found

Home Search Results

Scroll Down To Discover

Found 542 result(s)

High Court

High Court of Karnataka Allows Revision and Appeal in Dishonour of Cheque Cases — Conviction Restored for One Cheque, Acquittal Set Aside for Another. The court upheld the conviction of the accused in one case under Section 138 of the Negotiable Instruments Act, 1881, and set aside the acquittal in another case, holding that the presumption under Section 139 was not rebutted in the first case, while in the second case the debt was time-barred and not legally enforceable.

22 Mar 2025

The judgment involves two connected matters: Criminal Revision Petition No.400/2016 and Criminal Revision Petition No.401/2016 filed by Sri D. Vijay (...

Supreme Court

Supreme Court Restores Conviction in Cheque Dishonour Case: High Court Erred in Reappreciating Evidence Beyond Revisional Jurisdiction. Presumption under Sections 118 and 139 of Negotiable Instruments Act, 1881 stands unless rebutted by accused with probable defence.

2 Apr 2025

The appellant-complainant alleged that he advanced a loan of Rs.22,00,000 to the respondent-accused, who issued a cheque dated 17.03.2010 for the same...

High Court

High Court of Bombay at Panaji Allows Complainant's Appeal in Cheque Dishonour Case — Presumption Under Section 139 of Negotiable Instruments Act, 1881 Not Rebutted by Accused's Defence of Security Deposit. The court held that the accused failed to prove on preponderance of probabilities that the cheques were given as security deposit, and the presumption that they were issued for discharge of a debt or liability stood.

21 Sep 2006

The complainant, Ajay Shetty, proprietor of M/s. Pride Industries, filed two complaints against the accused, Savio Faria, proprietor of Grace Marketin...

High Court

Bombay High Court Allows Complainant's Appeals Against Acquittal in Cheque Dishonour Case — Blank Cheques Signed by Accused Deemed Valid Under Section 138 of Negotiable Instruments Act, 1881. Presumption of Legally Enforceable Debt Under Section 139 Applies Even to Blank Cheques, Accused Failed to Rebut.

21 Jul 2006

The case involves three appeals filed by the complainant, Laxmikant D. Naik Karmali, against the acquittal of the accused, Santosh V. Naik, under Sect...

Supreme Court

Supreme Court Allows Wife's Appeal Against DNA Test Order in Divorce Case, Upholding Marital Presumption of Paternity. The Court Held That the Presumption Under Section 112 of the Indian Evidence Act, 1872, Cannot Be Rebutted by DNA Evidence Alone Without Proof of Non-Access, Protecting the Child's Legitimacy and Privacy Rights.

20 Feb 2023

The dispute arose from a divorce petition filed by the husband under Sections 13(1)(i) and (ia) of the Hindu Marriage Act, 1955, alleging adultery by ...

High Court

Bombay High Court Dismisses Husband's Application for DNA Test in Domestic Violence Proceedings — Paternity Denial Not Permissible Without Strong Prima Facie Evidence. The court held that a DNA test cannot be ordered as a matter of course to rebut the presumption of legitimacy under Section 112 of the Indian Evidence Act, 1872, and the husband's bare allegations of adultery were insufficient.

18 Feb 2021

The case arises from a criminal application filed by Sahebrao Deorao Chavan (applicant No. 1) challenging an order dated 03/01/2019 passed by the Judi...

Supreme Court

Supreme Court Allows Appeal in Negotiable Instruments Act Case — Reverses High Court Conviction Due to Insufficient Rebuttal of Presumption. The Court held that the accused successfully raised a probable defence by questioning the complainant's financial capacity and the circumstances of the loan, thereby rebutting the presumption under Section 139 of the Negotiable Instruments Act, 1881.

27 Mar 2019

The Supreme Court considered an appeal by the accused against the High Court of Karnataka's judgment convicting him under Section 138 of the Negotiabl...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Application for Adverse Inference and Denial of Cross-Examination in Commercial Suit. Trial Court's Discretion Upheld as No Perversity or Arbitrariness Shown Under Article 227 of Constitution of India.

30 Jul 2025

The petitioner, Sivagami N., was the first defendant in a commercial suit (Com.OS 64/2022) pending before the LXXXV Additional City Civil and Sessions...

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...

Supreme Court

Supreme Court Acquits Appellant in Dowry Death Case Due to Lack of Evidence of Cruelty Soon Before Death. Demand for Dowry Not Proved as Material Omissions in Witness Statements Amount to Contradictions Under Section 162 CrPC.

20 Feb 2025

The appellant, Karan Singh, was convicted by the Sessions Court for offences under Sections 304-B and 498-A of the Indian Penal Code (IPC) for the dow...

1 2 3 4

Full Name * Username * Mobile Number * Email Address * State/UT * City * Password * Confirm Password * Referral Code (Optional)