Search Results for "Presumption Rebuttable"

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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...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "Presumption Rebuttable"

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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 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

Bombay High Court Dismisses Second Appeal in Property Injunction Suit — Concurrent Findings of Possession and Title Upheld. The court held that the appellants failed to prove their title and possession over the suit property, and the concurrent findings of the courts below did not suffer from any perversity or substantial question of law.

12 Mar 2021

The case pertains to a suit for permanent injunction filed by the respondents (original plaintiffs) against the appellants (original defendants) in re...

High Court

Bombay High Court Dismisses Appeal Against Acquittal in Cheque Dishonour Case — Complainant Failed to Prove Debt or Liability. Presumption under Section 139 of Negotiable Instruments Act, 1881 rebutted by accused's defence that cheque was blank and misused.

10 Jan 2020

The appellant, Harendra Ramchandra Pathak, filed a criminal appeal against the acquittal of respondent no.1, Rajendra Ratan Mhatre, by the Judicial Ma...

High Court

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.

23 Jul 2019

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

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

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

Bombay High Court Allows Complainant's Appeal in Cheque Dishonour Case — Reverses Acquittal Due to Improper Appreciation of Evidence. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands unless rebutted by accused with probable defence.

24 Feb 2010

The case involves two criminal appeals filed by the original complainant, Sandeep Shirodkar, against the acquittal of the accused, Shankar Dhawaskar, ...

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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