Search Results for "reverse presumption"

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Karnataka High Court Quashes POCSO Proceedings Against Stepfather, Citing Matrimonial Dispute Between Parents. Allegations of Sexual Offences Deemed Maliciously Filed Amidst Custody Battle, Court Holds No Prima Facie Case Under Sections 11, 12 of POCSO Act and Section 509 IPC.

The dispute involved a child born in 2008 to the second respondent and his former wife. Following the parents' divorce, a settlement agreement granted...

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Gujarat High Court Upholds Conviction in Cheque Bounce Case — Presumption Under Section 139 NI Act Stands Unless Rebutted by Accused. Accused Failed to Rebut Presumption of Legally Enforceable Debt; Conviction Under Section 138 NI Act Confirmed.

The case involves a criminal revision application filed by the accused, Rajubhai Kalidas Chunara, challenging his conviction under Section 138 of the ...

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Bombay High Court Allows Complainant's Appeal in Cheque Dishonour Case, Restores Conviction Under Section 138 of Negotiable Instruments Act, 1881. Appellate Court Erred in Reversing Conviction Without Properly Appreciating Evidence and Rebuttal of Presumption.

The case involves two appeals filed by the original complainant, Mrs. Usha Hiralal Kanojia, against a common judgment of the Additional Sessions Judge...

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Supreme Court Restores Acquittal in Police Murder Case: High Court's Reversal Set Aside Due to Lack of Proper Scrutiny of Evidence. The court held that the dying declaration was unreliable and the chance witnesses' testimony was contradictory, failing to prove guilt beyond reasonable doubt.

The case involves two accused, Mohan @ Srinivas @ Seena @ Tailor Seena and another, who were acquitted by the Sessions Court for the murder of a polic...

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Karnataka High Court Adjudicates Regular Second Appeals Involving Dispute Over Joint Family Property, Adoption, and Will. The LRs of Second Wife Challenge Decrees Dismissing Her Claim of Sole Ownership and Upholding Adoption of Shettygowda under Hindu Law.

The judgment concerns three Regular Second Appeals (RSA) filed under Section 100 of the Code of Civil Procedure, 1908, arising from decrees in three o...

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High Court of Bombay at Goa Allows Appeal in Negotiable Instruments Act Case — Blank Cheque Defence Rejected as Unsubstantiated. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands in favour of holder, and accused failed to rebut it by preponderance of probabilities.

The appellant, The Bagayatdar Urban Co-operative Credit Society Ltd., filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 agai...