Search Results for "Presumption Rebutted"

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Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
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Search Results for "Presumption Rebutted"

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High Court

High Court of Karnataka Upholds Conviction in Cheque Bounce Case — Revisional Court Cannot Reappreciate Evidence Unless Perverse. Accused failed to rebut presumption under Section 139 of Negotiable Instruments Act, 1881 regarding legally enforceable debt.

1 Apr 2026

The case arises from a private complaint filed by the complainant (since deceased, represented by legal representatives) against the accused-petitione...

High Court

High Court of Karnataka Allows Appeal in Money Recovery Suit — Photostat Copy Compared with Original is Admissible as Secondary Evidence Under Section 63 of Evidence Act, 1872. Section 11 of Karnataka Money Lenders Act, 1961 Does Not Mandate Production of Licence to Maintain Suit.

24 Aug 2023

The appellant, Shri M. Ratnavarma Padival, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgm...

Supreme Court

Supreme Court Allows Appeal in Cheque Dishonour Case, Reverses Acquittal Due to Misapplication of Presumption Under Section 139 of Negotiable Instruments Act. The Court held that once issuance of cheque and signature are admitted, the presumption of legally enforceable debt arises, and the accused must lead evidence to rebut it.

14 Feb 2020

The appellant, APS Forex Services Pvt. Ltd., a foreign exchange business, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 ...

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...

High Court

Bombay High Court Acquits Accused in Bribery Case Due to Inconsistent Evidence and Lack of Corroboration. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7 and 13(1)(d) of Prevention of Corruption Act, 1988.

14 Aug 2018

The appellant, Deorao Marotrao Bhagatkar, was the Principal of Kendriya Vidyalaya, Chandrapur. He was convicted by the Special Judge, Chandrapur, in S...

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case, Reverses Acquittal Under Section 138 NI Act. Presumption under Sections 118(a) and 139 of Negotiable Instruments Act, 1881 held to be in favour of complainant unless rebutted by accused.

4 Feb 2016

The appellant, Sachin Food Processor, a registered partnership firm, filed a criminal complaint against the respondent, Sanjay T. Pathak, under Sectio...

High Court

Bombay High Court Allows Landlord's Revision in Rent Control Eviction Suit — Notice Service Valid Under Section 12(2) of Bombay Rent Act and Slum Act Permission Not Required at Decree Stage. The court held that statutory presumption under Section 27 of General Clauses Act applies to notice service and that Section 22 of Slum Act does not bar maintainability of suit filed before slum notification.

7 Aug 2015

The applicant, Indira Rani Ugrasen, filed Civil Revision Application No. 139 of 2007 in the Bombay High Court against the judgments and decrees dated ...

High Court

Bombay High Court Dismisses Revision Against Conviction Under Section 138 N.I. Act — Presumption of Legally Enforceable Debt Not Rebutted. Accused Failed to Prove Cheques Were Issued as Security, Leading to Confirmation of Sentence of Simple Imprisonment and Compensation.

3 Apr 2013

The applicant, Rekha Mahindra Shah, was convicted under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of three cheques totaling Rs...

High Court

High Court of Bombay at Goa Allows Complainant's Appeal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted by Accused. The court held that the accused failed to rebut the presumption that the cheques were issued for a legally enforceable debt, and the trial court's acquittal was erroneous.

19 Oct 2006

The case involves a criminal appeal filed by the complainant, Shanaz D'Souza, against the acquittal of the accused, Sheikh Ameer Saheeb, under Section...

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