Search Results for "Rebuttable presumption"

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Search Results for "Rebuttable presumption"

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Supreme Court

Supreme Court Allows Mother's Appeal in Maintenance Case: DNA Test Cannot Rebut Presumption of Legitimacy Under Section 112 of Indian Evidence Act, 1872. The Court held that a child born during a valid marriage is entitled to maintenance from the legal father despite a negative DNA test, as the presumption of legitimacy is conclusive and can only be rebutted by proof of non-access.

21 Apr 2026

The appellant, was employed as domestic help in the residence of the respondent, for three years, during which the respondent established a sexual rel...

Supreme Court

Supreme Court Allows Appeal in Dishonoured Cheque Case Under Negotiable Instruments Act, 1881, Restoring Complaint for Trial. The Court held that the presumption under Section 139 of the Act regarding legally enforceable debt is rebuttable only at trial, not at pre-trial stage, and the basic ingredients under Section 138 were prima facie satisfied.

7 Apr 2026

The dispute arose from a complaint filed under Section 138 of the Negotiable Instruments Act, 1881, by the appellant against the second respondent, wh...

Supreme Court

Supreme Court Upholds Conviction of Public Servant in Prevention of Corruption Act Case Based on Circumstantial Evidence. Demand and acceptance of illegal gratification proved through shadow witness testimony and recovery of bribe money, satisfying the sine qua non requirement under Sections 7 and 13(1)(d) of Prevention of Corruption Act, 1988.

17 Mar 2023

The case involved an appeal against conviction of a public servant for offences under the Prevention of Corruption Act, 1988. The appellant, an Inspec...

High Court

High Court of Karnataka Allows Appeals in Dishonour of Cheque Cases, Sets Aside Acquittal. Presumption under Section 139 of NI Act applies when signature and issuance of cheque are admitted, shifting burden on accused to rebut.

27 Jan 2022

The appellant, Mr. Ashfaq Rasheed Shaik, filed six criminal appeals under Section 378(4) Cr.P.C. against the judgment of acquittal dated 07.06.2018 pa...

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...

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 Acquits Accused in POCSO Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction under Sections 5 and 6 of POCSO Act and Section 376(2)(i) IPC set aside as victim's testimony was unreliable and medical evidence did not support sexual assault.

27 Jun 2018

The appellant was convicted by the Additional Sessions Judge, Chandrapur, under Sections 5 and 6 of the Protection of Children from Sexual Offences Ac...

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

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 ...

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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