Search Results for "reverse burden"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
Supreme Court Modifies Sentence in Forgery Case Due to Long Pendency and No Crim...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Acc...

Search Results for "reverse burden"

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High Court

High Court of Bombay at Goa Allows Appeal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted. Trial Court Erred in Not Framing Proper Points of Determination and Ignoring Legal Presumption in Favour of Complainant.

12 Feb 2014

The appellant, original complainant Sunil Thukral, filed a criminal appeal against the judgment and order dated 19/01/2011 of the Judicial Magistrate ...

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

Madras High Court Allows Return of Seized Mobile Phone in YouTube Content Case — Cites Deterioration Risk and No Reverse Burden Under BNS and IT Act. The court set aside the Magistrate's order rejecting interim custody of the iPhone, holding that hypothetical possibility of repetition is not a valid ground to deny return of property prone to deterioration.

24 Apr 2026

The petitioner, R. Varadaraj, filed a Criminal Revision under Sections 438 read with 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) challe...

High Court

Bombay High Court Dismisses Probate Petition for Will and Codicil of Dr. Bharati Nanavati Due to Suspicious Circumstances and Failure to Prove Execution. Court finds that the Will and Codicil were not proved in accordance with Section 63 of the Indian Succession Act, 1925, and Section 68 of the Indian Evidence Act, 1872, due to lack of attesting witnesses and suspicious circumstances surrounding the documents.

22 Feb 2018

The judgment concerns two connected matters: a Miscellaneous Petition (No. 39 of 2004) and a Testamentary Suit (No. 4 of 2005), both relating to the e...

High Court

Bombay High Court Dismisses Probate Petition for Will and Codicil of Dr. Bharati Nanavati Due to Suspicious Circumstances and Failure to Dispel Doubts. Court holds that propounders must prove due execution and testamentary capacity beyond suspicion, and failure to examine attesting witnesses or explain unnatural bequests leads to rejection of probate.

22 Feb 2018

The judgment concerns two testamentary proceedings: a Miscellaneous Petition No. 39 of 2004 in Testamentary Petition No. 233 of 2004 and a Testamentar...

High Court

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.

24 Jul 2019

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...

High Court

Bombay High Court Upholds Conviction of Accused in Cheque Bounce Case Under Section 138 NI Act — Presumption of Legally Enforceable Debt Not Rebutted. Accused Failed to Prove That Cheque Was Not Issued for Discharge of Any Debt or Liability, Leading to Confirmation of Concurrent Sentence of Six Months.

24 Feb 2014

The case arises from a criminal revision application filed by the accused, Krishna Gudi, against the judgment and order of the Additional Sessions Jud...

High Court

High Court of Karnataka Allows Appeal in Negotiable Instruments Act Case — Restores Conviction for Dishonour of Cheque. Complainant's Financial Capacity to Advance Loan and Legally Enforceable Debt Established, Reversing Acquittal by Sessions Court.

31 Mar 2021

The appellant, Krishna Gopal Khetan, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment of...

Supreme Court

Supreme Court Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal Based on Perverse Findings. Statutory Presumption Under Sections 118(a) and 139 of the Negotiable Instruments Act, 1881 Not Rebutted by Accused Despite Admission of Cheque Issuance.

4 Oct 2019

The appellant, Uttam Ram, owned an apple orchard and supplied packing materials to apple growers, including respondent Devinder Singh Hudan. In Septem...

Supreme Court

Supreme Court Dismisses Appeal Challenging Abolition of Odisha Administrative Tribunal — Power to Abolish SATs Upheld Under General Clauses Act and Article 323-A. The Court held that the Union Government has the power to abolish a State Administrative Tribunal established under the Administrative Tribunals Act, 1985, and the notification dated 2 August 2019 is valid.

21 Mar 2023

The Supreme Court dismissed an appeal against the Orissa High Court judgment upholding the abolition of the Odisha Administrative Tribunal (OAT). The ...

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