Search Results for "unrebutted testimony"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Search Results for "unrebutted testimony"

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Supreme Court

Supreme Court Allows Summoning of Additional Accused Under Section 319 CrPC in Assault Case — High Court Erred by Relying on Police Investigation Over Trial Evidence. The Court restored the Sessions Judge's order summoning four persons as additional accused based on the injured witness's testimony, holding that the High Court improperly considered police investigation reports.

13 Dec 2024

The case arises from a criminal appeal against the judgment of the Punjab and Haryana High Court, which set aside an order of the Additional Sessions ...

High Court

Madras High Court Dismisses Insurance Company's Appeal in Motor Accident Case — Negligence of Car Driver Upheld Due to Lack of Evidence on Contributory Negligence. Claimant's Unrebutted Evidence Sufficient to Sustain Award Under Motor Vehicles Act, 1988.

6 Apr 2026

The case arises from a motor accident that occurred on 17.03.2018 at about 9:15 p.m. The deceased, a Superintendent in the office of the Chief Conserv...

High Court

High Court of Bombay Allows Landlords' Writ Petition Under Article 227, Restoring Eviction Decree on Bonafide Need Under Bombay Rent Act; Appellate Court's Reversal Set Aside as It Erroneously Required All Co-Landlords to Testify to Prove Bonafide Need.

18 Jul 2005

The dispute pertained to a tenancy of a room on the ground floor of house No.105, Wanawadi Bazar, Pune, under a monthly rent of Rs.5. The landlords we...

High Court

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.

8 Oct 2015

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

Supreme Court

Supreme Court Allows Reference in Corruption Case: Demand Must Be Proved by Direct or Circumstantial Evidence, Not Mere Recovery. Proof of demand is sine qua non for offences under Sections 7 and 13(1)(d) of Prevention of Corruption Act, 1988, and presumption under Section 20 arises only after demand is established.

15 Dec 2022

This reference to a Constitution Bench of the Supreme Court arose from a conflict between three-judge bench decisions regarding the proof of demand of...

High Court

High Court of Karnataka Dismisses State Appeal Against Acquittal in Assault Case — Acquittal Upheld Due to Unreliable Witnesses and Lack of Evidence. The appellate court's reversal of conviction was justified as the prosecution failed to prove the offence under Sections 341, 324, 326, 504 read with 34 IPC beyond reasonable doubt.

28 Mar 2023

The State of Karnataka appealed against the judgment dated 31.08.2019 passed by the I Additional District and Sessions Judge, U.K. Karwar sitting at S...

High Court

Bombay High Court Dismisses Appeal Against Acquittal in Cheque Dishonour Case — Appellant Failed to Prove Legally Enforceable Debt. The court held that the presumption under Section 139 of the Negotiable Instruments Act, 1881 was rebutted by the accused, and the acquittal was proper.

10 Nov 2023

The appellant, M/s. IVY Jewellery Pvt Ltd, a company dealing in diamond jewellery, filed a complaint under Section 138 of the Negotiable Instruments A...

Supreme Court

Supreme Court Hears Appeal Against High Court's Acquittal of Accused in POCSO Act and IPC Rape Case Due to Procedural Irregularities. Case Involves Questions on Joinder of Trial Under Section 223 CrPC, Proof of Age, and Reliability of Victim Testimony in Sexual Offence Cases.

1 Jan 1970

The appellant, father of a minor rape victim, filed an appeal before the Supreme Court challenging the High Court's acquittal of the two accused under...

High Court

Bombay High Court Allows State Appeal in POCSO Case, Sets Aside Acquittal of Father for Rape of Minor Daughter. Delay in FIR Lodging Held Not Fatal in Child Sexual Abuse Cases Due to Unique Victim-Offender Relationship.

20 Aug 2019

The State of Goa, through the Police Inspector of Canacona Police Station, appealed against the judgment of the Children's Court at Goa which acquitte...

Supreme Court

Supreme Court Allows Appeal in Section 319 CrPC Case, Setting Aside High Court's Remand Order. Trial Court's Dismissal of Summoning Application Upheld as Evidence Was Insufficient to Meet the Stringent Threshold for Exercising Discretionary Power Under Section 319 of Code of Criminal Procedure, 1973.

1 Mar 2023

The appeal challenged the Allahabad High Court's order dated 16.05.2017 which had quashed the Trial Court's order dated 15.03.2017 and remanded the ma...

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