Search Results for "presumptive clause"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Search Results for "presumptive clause"

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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...

High Court

High Court of Karnataka Dismisses Appeal in Date of Birth Correction Case — Upholds Reversal of Trial Court's Declaration. The First Appellate Court's finding that the plaintiff failed to prove his date of birth as 13.07.1964 by producing reliable evidence is confirmed, as the suit was based on a school transfer certificate which was not proved in accordance with law.

3 Jul 2025

The appellant, Sri K. Srinivasa, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree...

High Court

Madras High Court Examines Union Government's Challenge to Armed Forces Tribunal Order Granting Disability Pension – Dharamvir Singh Judgment's Applicability to Post-2008 Pension Regulations Considered. The Writ Petition Raised the Question Whether the AFT Erroneously Applied Dharamvir Singh to Pre-2008 Regulations While the Release Medical Board's Opinion Remained Unrebutted Under the 2008 Rules.

7 Mar 2025

The writ petition under Article 226 of the Constitution of India was filed by the Union of India through the Ministry of Defence and others, challengi...

High Court

Madras High Court Allows Writ Petition by Employer in Disability Pension Dispute, Setting Aside Armed Forces Tribunal Order Granting Pension Based on Dharamvir Singh Precedent. The Court Held That Dharamvir Singh Relied on Old Pension Regulations With Presumption Clause and Was Not Applicable to the New Pension Regulations for Army, 2008, Where Release Medical Board Opinion on Attributability is Final Unless Rebutted, Requiring Fresh Consideration Under the New Regulations.

7 Mar 2025

The writ petition under Article 226 of the Constitution of India was filed by the Union of India challenging the order of the Armed Forces Tribunal, R...

Supreme Court

Supreme Court Allows Appeal in Land Title Dispute Favoring Forest Department Over Gaon Sabha Leases. Title to 162 Acres in Village Kasmandi Khurd Vests with Forest Department Based on Notifications Under U.P. Zamindari Abolition and Land Reforms Act, 1950 and Indian Forest Act, 1927, Invalidating Subsequent Leases by Gaon Sabha.

5 Oct 2021

The dispute arose from consolidation proceedings concerning land in Village Kasmandi Khurd, where the Forest Department and lessees claimed title. The...

Supreme Court

Supreme Court Quashes Criminal Complaint for Theft of Documents in Corporate Dispute — Internal Audit Reports and Confidential Documents Not 'Stolen' as They Were Obtained Through Legal Proceedings. The Court held that the ingredients of theft under Section 379 IPC are not satisfied when documents are obtained through legal proceedings and used in bona fide litigation, and continuation of criminal proceedings would be an abuse of process.

15 May 2019

The appeals arise from a criminal complaint filed by Birla Corporation Limited (the appellant) against Adventz Investments and Holdings Limited and ot...

High Court

Bombay High Court Allows Writ Petition Challenging Land Revenue Appeal Order and Demolition Notice — Mutation Entry Restored. The court held that the Land Revenue Code does not empower revenue authorities to order demolition and that mutation entries are presumptive evidence of possession, not title.

19 Aug 2013

The petitioners, claiming to be owners and in possession of property surveyed under no.128/10 of Cavellosim Village, filed an application before the J...

High Court

Bombay High Court Sets Aside Insolvency Notice Based on Foreign Judgment — Notice Held Without Jurisdiction as Debt Not Payable Under Indian Insolvency Act. Foreign judgment debt not enforceable under Presidency Towns Insolvency Act, 1909 without satisfying conditions of Section 13 CPC.

17 Dec 2012

The case involves a Notice of Motion filed by the Judgment Debtor, Neville Tuli, seeking to set aside an Insolvency Notice No. N/28 of 2011 issued by ...

High Court

Bombay High Court Dismisses Revision Against Rejection of Application to Set Aside Ex-Parte Decree in Suit for Declaration and Injunction. Delay of 13 Years Not Condoned as Applicants Failed to Show Sufficient Cause Under Order 9 Rule 13 CPC.

30 Nov -0001

The case involves a civil revision application filed by the original defendants (applicants) against an order of the Civil Judge Senior Division, Khed...

Supreme Court

Supreme Court of India Examines Constitutional Validity of Election Commission’s Special Intensive Revision Order for Bihar. Petitions Filed Under Article 32 of Constitution of India Allege Potential Disenfranchisement and Arbitrariness in Voter Roll Purge Contrary to Universal Adult Suffrage Guarantee.

1 Jan 1970

The Supreme Court adjudicated a batch of writ petitions under Article 32 of the Constitution of India challenging the Election Commission of India's O...

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