Search Results for "Presumption Rebuttable"

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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...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "Presumption Rebuttable"

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High Court

Bombay High Court Dismisses Petition Challenging Maintenance Order for Aged Parents Under Section 125 CrPC — Refusal to Accept Notice Deemed Valid Service. The Court upheld the maintenance of Rs. 6,000/- per month to the parents, holding that the petitioner's refusal to accept registered notice constituted valid service and did not violate natural justice.

26 Apr 2024

The petitioner, Suresh Kaluram Thorat, a retired Veterinary Officer, filed a Criminal Writ Petition under Article 227 of the Constitution of India rea...

High Court

Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witness and Lack of Corroboration. Conviction under Sections 7 and 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988 set aside as sole interested witness's testimony was not corroborated and demand of bribe was not proved beyond reasonable doubt.

23 Feb 2024

The appellant, Shrikant Chimaji Jahagirdar, was convicted by the Special Judge, Solapur for offences under Sections 7 and 13(2) read with 13(1)(d) of ...

High Court

Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witness and Lack of Corroboration. Conviction under Sections 7 and 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988 set aside as sole trap witness was declared hostile and no independent corroboration of demand and acceptance of bribe.

23 Feb 2024

The appellant, Shrikant Chimaji Jahagirdar, was convicted by the Special Judge, Solapur for offences under Sections 7 and 13(2) read with 13(1)(d) of ...

Supreme Court

Supreme Court Dismisses Appeal in Cheque Dishonour Case Due to Contradictory Evidence and Failure to Rebut Presumption. Appellant failed to prove legally enforceable debt as cheque was issued as security and loan transaction not reflected in income tax returns.

1 Jan 2024

The appellant, Sri Dattatraya, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) against the respondent, Sharanappa...

High Court

Bombay High Court Dismisses State Appeal Against Acquittal in Corruption Case Due to Unreliable Complainant and Lack of Corroboration. Demand for Bribe Not Proved Beyond Reasonable Doubt Under Sections 7, 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988.

20 Mar 2023

The State of Maharashtra appealed against the judgment and order of the Special Court (ACB), Nagpur, dated 6th April 2009, which acquitted the respond...

Supreme Court

Supreme Court Restores Acquittal in Cheque Dishonour Case: Presumption Under Section 139 NI Act Rebutted by Preponderance of Probabilities. The Court held that the High Court erred in reversing the trial court's acquittal without proper reasoning, as the accused had successfully rebutted the presumption of a legally enforceable debt.

8 Dec 2021

The Supreme Court allowed the appeal filed by K.S. Ranganatha against the judgment of the Karnataka High Court, which had reversed the trial court's a...

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal on Grounds of Improper Appreciation of Evidence and Reverses Finding of Duress. The Court held that the defence of cheque issued under force was not proved and the presumption under Section 139 of the Negotiable Instruments Act, 1881 was not rebutted.

20 Dec 2019

The case involves a criminal appeal filed by the original complainant, Girdharilal Agrawal, against the acquittal of the accused-respondents (State of...

Supreme Court

Supreme Court Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Inconsistent Defence and Failure to Rebut Presumption. The Court held that the accused failed to rebut the presumption under Section 139 of the Negotiable Instruments Act, 1881, as the receipts produced contained the endorsement 'cheques are subject to realisation', indicating the cheques were not security but towards payment.

21 Aug 2019

The appellant, M/s Shree Daneshwari Traders, a commission agent and merchant, supplied rice bags to the respondent, Sanjay Jain, on request. The respo...

Supreme Court

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.

27 Mar 2019

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

High Court

High Court of Karnataka Allows DNA Test in Partition Suit to Determine Paternity Under Order 26 Rule 10-A CPC. The court upheld the appellate court's order for DNA testing to establish the relationship between the parties in a partition suit.

3 Sep 2014

The petitioner, Sri Hanumappa, filed a writ petition challenging an order dated 13.1.2014 passed by the Senior Civil Judge at Hiriyur in R.A.No.11/201...

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