Search Results for "statutory presumption"

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Search Results for "statutory presumption"

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Supreme Court

Supreme Court Partially Allows Appeal in Dowry Harassment Case — Conviction Under Section 498A IPC Upheld, Conviction Under Section 306 IPC Set Aside. The Court held that conviction under Section 306 IPC for abetment of suicide cannot be sustained when no charge was framed under that section, as ingredients differ from Section 304B IPC and prejudice is caused to the accused.

26 Nov 2019

The appellant, Gurjit Singh, was convicted by the trial court under Section 498A IPC for subjecting his wife to cruelty, along with his parents, while...

Supreme Court

Supreme Court Upholds Conviction in Cheque Dishonour Case but Reduces Fine Amount. The Court held that the drawer of a cheque from a firm account is liable under Section 138 NI Act if he signs the cheque and fails to rebut the presumption under Section 139, but the fine should be proportionate to the cheque amount.

21 Oct 2019

The appeal arose from a judgment of the Bombay High Court, Nagpur Bench, which reversed the acquittal of the appellant under Section 138 of the Negoti...

Supreme Court

Supreme Court Allows State Appeal in Zamindari Abolition Land Rights Case — Grassland Not Khudkasht. Land Recorded as 'Bir' (Grass) Before Vesting Cannot Be Treated as Khudkasht Under Section 4(2) of M.B. Zamindari Abolition Act, 1951.

14 Oct 2019

The Supreme Court allowed the appeal filed by the State of Madhya Pradesh against the judgment of the High Court which had decreed the suit in favor o...

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 Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Inconsistent Defence and Failure to Rebut Presumption. The Court held that the accused failed to rebut the presumption under Section 139 of the Negotiable Instruments Act, 1881, as the receipts produced contained the endorsement 'cheques are subject to realisation', indicating the cheques were not security but towards payment.

21 Aug 2019

The appellant, M/s Shree Daneshwari Traders, a commission agent and merchant, supplied rice bags to the respondent, Sanjay Jain, on request. The respo...

Supreme Court

Supreme Court Dismisses Appeal in Partition Suit, Upholds Concurrent Findings of Trial Court and High Court. Property Purchased in Wife's Name Held to be Joint Family Property Based on Evidence of Contribution from Husband's Ancestral Funds.

9 May 2019

The case involves a partition suit filed by Rajeswari and others (plaintiffs) against Mangathai Ammal and others (defendants) concerning properties cl...

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...

Supreme Court

Supreme Court Allows Appeal in Negotiable Instruments Act Case — Reverses High Court Conviction Due to Insufficient Rebuttal of Presumption. The Court held that the accused successfully raised a probable defence by questioning the complainant's financial capacity and the circumstances of the loan, thereby rebutting the presumption under Section 139 of the Negotiable Instruments Act, 1881.

27 Mar 2019

The Supreme Court considered an appeal by the accused against the High Court of Karnataka's judgment convicting him under Section 138 of the Negotiabl...

Supreme Court

Supreme Court Allows Mother's Appeal in NRI Child Custody Dispute — Best Interest of Child Requires Full Hearing Before Return. The Court set aside the High Court's order for immediate return of children to the US, directing the Family Court to decide custody based on welfare, not merely on comity or habitual residence.

15 Mar 2019

The case involves a custody dispute between Lahari Sakhamuri (mother/appellant) and Sobhan Kodali (father/respondent) over their two minor children, b...

Supreme Court

Supreme Court Upholds Vesting of Charnoi Land in State Under Madhya Bharat Abolition of Zamindari Act. Common Grazing Land Not Saved as Grove Under Section 5(f) Despite Presence of Fruit-Bearing Trees.

6 Feb 2019

The present appeal arose from a suit for declaration and permanent injunction filed by the plaintiffs/respondents concerning land recorded as 'Charnoi...

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