Search Results for "Rebuttable Presumption"

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Search Results for "Rebuttable Presumption"

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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...

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

Karnataka High Court Allows Quashing of Bribery Charges — Demand and Acceptance Deemed Sine Qua Non Under Sections 7 and 7A of Prevention of Corruption Act, 1988. Mere Recovery of Currency Notes from Accused Public Servant Insufficient to Sustain Charges Under Sections 7(a), 7A, and 13(2) of Prevention of Corruption Act, 1988.

20 Dec 2023

The Karnataka High Court considered a petition under Section 482 of the Code of Criminal Procedure seeking quashing of proceedings in Special (SVC) No...

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

High Court of Karnataka Rehears Criminal Appeals Against Conviction for Murder and Robbery After Remand by Supreme Court. Conviction Based on Circumstantial Evidence and Recoveries Challenged Under Section 374(2) of Code of Criminal Procedure, 1973.

15 Oct 2019

The matter originated from the murder of Smt. Chukibai, a 68-year-old pawnbroker residing alone at Chamarajpet, Bengaluru. On 12.05.1991, accused No.1...

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

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...

Supreme Court

Supreme Court of India Examines Constitutional Validity of Election Commission’s Special Intensive Revision Order for Bihar. Petitions Filed Under Article 32 of Constitution of India Allege Potential Disenfranchisement and Arbitrariness in Voter Roll Purge Contrary to Universal Adult Suffrage Guarantee.

1 Jan 1970

The Supreme Court adjudicated a batch of writ petitions under Article 32 of the Constitution of India challenging the Election Commission of India's O...

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