Search Results for "presumption rebuttable"

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High Court of Karnataka Dismisses Appeal Against Temporary Injunction in Specific Performance Suit — Prima Facie Case and Balance of Convenience Found in Favor of Plaintiff. Agreement to Sell and Part Payment Established, Injunction to Prevent Alienation Upheld Under Order 39 Rules 1 and 2 CPC.

The present appeal arises from an order dated 12.02.2025 passed by the Prl. Senior Civil Judge, Bengaluru Rural District, Bengaluru, allowing I.A. Nos...

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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.

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

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Reverses Acquittal. The court held that the trial court erred in failing to apply the presumption under Section 139 of the Negotiable Instruments Act, 1881, and that the accused failed to rebut the presumption.

The appellant, Doshi Brothers, a proprietary concern, filed a private complaint under Section 138 of the Negotiable Instruments Act, 1881, against M/s...

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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.

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