Search Results for "rebuttal issue"

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Supreme Court Quashes Criminal Defamation Proceedings Against Editorial Director and Journalists for Lack of Specific Allegations and Non-Compliance with Section 202 CrPC — News Articles on Art Auction Authenticity Not Defamatory as They Did Not Lower Complainant's Reputation in Eyes of Others.

The Supreme Court allowed the appeals and quashed the criminal proceedings for defamation under Sections 499 and 500 IPC against the appellants, who w...

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High Court of Karnataka Dismisses Second Appeal in Declaration and Injunction Suit — Concurrent Findings of Courts Below Upheld. Plaintiff Failed to Prove Title Over Suit Schedule Property Through Maternal Grandfather.

The appellant, Gangappa, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the concurrent judgments of...

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High Court of Karnataka Allows Accused to Adduce Defence Evidence in POCSO Case — Rejection of Plea by Trial Court Set Aside. Right to Fair Trial Under Section 482 CrPC Includes Opportunity to Present Defence Witnesses Even After Prosecution Evidence Closed.

The petitioner, Sri Periyaswamy M., filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) before the High Court o...

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High Court of Karnataka Allows Appeal in Property Dispute Over 'AB' Wall — Remand Order Set Aside for Lack of Jurisdiction. First Appellate Court Exceeded Powers Under Order 41 Rule 23 CPC by Remanding Without Recording Satisfaction That Decree Was Reversed or Set Aside.

The present miscellaneous second appeal was filed by the appellants/defendants challenging the judgment and decree dated 31.01.2013 passed by the Fast...

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High Court of Bombay at Goa Dismisses Appeal Against Acquittal in Cheque Dishonour Case Due to Failure to Prove Legally Enforceable Debt. Complainant's inconsistent evidence and lack of financial capacity led to upholding of acquittal under Section 138 of Negotiable Instruments Act, 1881.

The appellant, Vikas Gopi Bhagat, filed a criminal appeal against the judgment and order of acquittal dated 28.5.2013 passed by the Judicial Magistrat...

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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.

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

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Bombay High Court Allows Appeal in Workmen's Compensation Case for Driver with Fracture Injuries. Commissioner's Assessment of Monthly Wages and Disablement Found Erroneous Due to Lack of Rebuttal Evidence.

The appeal was filed by the original claimant against the judgment and order of the Labour Court, Ahmednagar (Commissioner under the Workmen's Compens...

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Bombay High Court Allows Husband to Lead Evidence First in Property Dispute with Wife — Order 18 Rules 1 and 2 CPC Interpreted. Husband Must Prove His Case as He Would Be Defeated if No Evidence Is Given, Given His Admission of Wife's Payment.

The case involves a property dispute between husband and wife. The wife filed a petition seeking a declaration that she is the sole owner of one of tw...

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Bombay High Court Allows Second Appeal in Specific Performance Suit — Failure to Prove Rebuttal Issue Leads to Decree. Appellate Court Erred in Overlooking That Defendant's Failure to Prove Issue No. 2 (Rebuttal) Entitled Plaintiff to Decree Based on Documentary Evidence.

The plaintiff filed a second appeal against the dismissal of his suit for specific performance of an agreement to sell property. The plaintiff and def...