Search Results for "presumption under Section 139"

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Bombay High Court Decides Writ Petitions Challenging Entertainment Duty on Online Booking Convenience Fees. The Court considered whether service charges exceeding Rs.10 per ticket form part of 'payment for admission' under Section 2(b) of Maharashtra Entertainments Duty Act, 1923.

The writ petitions were filed before the Bombay High Court under Article 226 of the Constitution of India challenging an amendment to the Maharashtra ...

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High Court of Judicature at Bombay Hears Appeal Under Section 37 Against Order Quashing Arbitral Award on Limitation. Single Judge's order set aside arbitral award as claim was found barred by limitation, limited to determination under Section 34 of Arbitration and Conciliation Act, 1996.

The appeal was filed under Section 37 of the Arbitration and Conciliation Act, 1996 before the Bombay High Court against the order dated 10 April 2024...

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High Court of Karnataka Allows Commercial Appeal Against Rejection of Plaint Under Order 7 Rule 11(d) CPC — Suit for Specific Performance Not Barred by Limitation as Cause of Action Arose from Refusal to Execute Sale Deed in 2018.

The appellants, Sri K.T. Govinde Gowda and Smt. G. Anuradha, filed a Commercial Appeal under Section 13(1A) of the Commercial Courts Act, 2015, challe...

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High Court of Karnataka Dismisses Revision Petition in Maintenance Case Under Section 125 CrPC — Petitioner Fails to Show Illegality or Irregularity in Trial Court Order. The revisional court cannot interfere with a well-reasoned order of maintenance unless it is perverse or illegal.

The petitioner, Mrs. Neelam Manmohan, filed a criminal revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 19...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Acquittal Set Aside Due to Improper Appreciation of Evidence. Dishonour of Cheque for Investment in Business Partnership Attracts Section 138 NI Act Liability Despite Dispute Over Debt Legality.

The appellant, Sheikh Shabbir, filed a criminal appeal against the judgment of the Judicial Magistrate, First Class, Vasco-da-Gama, acquitting the res...

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Bombay High Court Acquits Accused in POCSO Case Due to Lack of Foundational Facts and Unreliable Evidence. Presumption under Section 29 of POCSO Act cannot be invoked without prosecution first proving foundational facts beyond reasonable doubt.

The case involves an appeal against the conviction of Vijay Manoharrao Jawanjal under Section 376AB of the Indian Penal Code and Section 6 of the Prot...

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High Court of Karnataka Allows Appeal in NI Act Case — Reverses Acquittal for Dishonour of Cheque. Complainant's Loan of Rs.2,50,000 for Education and Family Necessities Supported by Evidence; Presumption Under Section 139 of Negotiable Instruments Act, 1881 Not Rebutted by Accused.

The complainant, Smt H B Bhagyalakshmi, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, against the judgment and...

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Supreme Court Restores Conviction in Cheque Dishonour Case: High Court Erred in Reappreciating Evidence Beyond Revisional Jurisdiction. Presumption under Sections 118 and 139 of Negotiable Instruments Act, 1881 stands unless rebutted by accused with probable defence.

The appellant-complainant alleged that he advanced a loan of Rs.22,00,000 to the respondent-accused, who issued a cheque dated 17.03.2010 for the same...