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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Presumption under Section 139 of Negotiable Instruments Act, 1881 applies when signature on cheque is admitted, shifting burden on accused to rebut existence of debt.

The appellant, Bapurao s/o Motiram Mankar, a senior citizen, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against respo...

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Bombay High Court Upholds Conviction in Cheque Bounce Case Due to Failure to Rebut Presumption. Accused's Failure to Enter Witness Box and Lead Evidence Results in Confirmation of Conviction Under Section 138 of Negotiable Instruments Act, 1881.

The case involves a criminal revision application filed by the accused, Amol @ Jolly Shrichand Kungwani, challenging his conviction under Section 138 ...

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Bombay High Court Dismisses Revision Against Acquittal in Cheque Bounce Case. Complainant's Admission of No Business Transaction Rebuts Presumption Under Section 139 of Negotiable Instruments Act, 1881.

The case involves a criminal revision application filed by the original complainant and the State against the acquittal of the accused under Section 1...

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High Court of Karnataka Allows Appeal in Specific Performance Suit — Plaint Rejection Set Aside for Non-Compliance with Order VII Rule 11 CPC. The court held that only plaint averments are relevant for rejection and limitation is a mixed question of fact.

The appellant, as plaintiff, filed a suit for specific performance of an agreement of sale dated 26.11.1984 executed by A. Gundappa in respect of four...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Presumption under Sections 118(a) and 139 of Negotiable Instruments Act, 1881 not rebutted by accused.

The appellant, Dr. Kailash Charkha, was the original complainant in Summary Criminal Case 160 of 2004 before the Judicial Magistrate First Class, Wash...

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High Court of Karnataka Dismisses Appeal in Execution Proceedings — Upholds Rejection of Application to Set Aside Auction Sale Under Order 21 Rule 90 CPC. Judgment-Debtor Failed to Prove Material Irregularity or Substantial Injury from Alleged Inadequacy of Price.

The case arises from execution proceedings in Ex. No. 73/2004 pending before the Civil Judge (Sr. Dn.), Chickmagalur. The appellants, who are the lega...