Search Results for "Presumption Rebutted"

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High Court of Karnataka Acquits Accused in Cheque Bounce Case Due to Failure to Prove Legally Enforceable Debt. Dishonour of Cheque Under Section 138 of Negotiable Instruments Act, 1881 — Presumption Under Section 139 Rebutted by Accused Showing Loan Not Advanced.

The case involves a criminal revision petition filed by the accused, Jagadish R, challenging his conviction under Section 138 of the Negotiable Instru...

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Madras High Court Acquits Accused in POCSO Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction for Aggravated Penetrative Sexual Assault of Minor Set Aside as Victim's Testimony Contradicted by Medical Evidence and Other Witnesses.

The case involves an appeal against conviction under POCSO Act and IPC for alleged aggravated penetrative sexual assault of a 6-year-old girl. The vic...

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High Court of Karnataka Dismisses Second Appeal in Suit for Declaration and Injunction — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. The appellant failed to prove title and possession, and no substantial question of law was raised.

The case involves a second appeal filed under Section 100 of the Code of Civil Procedure, 1908 (CPC) against the judgment and decree dated 10.11.2006 ...

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High Court of Karnataka Allows Appeal in NI Act Case — Restores Conviction for Cheque Dishonour. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands unless accused rebuts with probable defence.

The appeal was filed by the complainant, Smt. G. Suma, challenging the judgment of acquittal dated 29.01.2011 passed by the Presiding Officer, Fast Tr...

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Supreme Court Allows Appeal in Negotiable Instruments Act Case — Reverses High Court Acquittal Based on Fiduciary Relationship. Concurrent Findings of Fact Cannot Be Upset in Revision Without Perversity; Presumption Under Section 139 NI Act Applies Even Between Fiduciaries.

The appellant-complainant, Bir Singh, filed a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent-accu...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Cheque Dishonour Based on Presumption Under Section 139. Hand Loan of Rs.35,000/- Proved; Accused Failed to Rebut Presumption of Legally Enforceable Debt.

The appellant, Smt. Sumedha Chaudhari, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, against the respondent-accused, Sh...

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Bombay High Court Allows Appeal in NI Act Case — Acquittal Set Aside Due to Improper Appreciation of Evidence. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands unless rebutted by accused; mere denial of signature on cheque not sufficient to rebut presumption.

The appellant, Dharampeth Mahila Urban Credit Cooperative Society Limited (now Dharampeth Mahila Multi State Cooperative Society Limited), filed a cri...

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Bombay High Court Dismisses Appeal in Cheque Dishonour Case Due to Failure to Prove Debt or Liability. Acquittal of Accused Under Section 138 of Negotiable Instruments Act, 1881 Upheld as Complainant Did Not Establish Legally Enforceable Debt.

The appellant, Nupur Sales Corporation, filed a criminal appeal against the judgment and order dated 19.06.2015 passed by the Judicial Magistrate Firs...

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Bombay High Court Acquits Accused in POCSO Case Due to Material Contradictions and Lack of Corroboration. Conviction for Aggravated Penetrative Sexual Assault Set Aside as Prosecution Failed to Prove Case Beyond Reasonable Doubt.

The appellant, Ramprasad s/o Fagulal Amdare, was convicted by the Special Judge, POCSO Act, Nagpur, for offences under Section 6 read with Section 5(n...

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Bombay High Court Upholds Conviction of Company and Directors in Cheque Dishonour Case Under Section 138 r/w 141 of Negotiable Instruments Act, 1881. Directors' Claim of Not Being In Charge of Business at Time of Cheque Issuance Fails to Rebut Presumption of Liability Under Section 141.

The case involves a criminal revision application filed by M/s. Jaimin Jewelery Exports Pvt. Ltd. (Accused No.1) and its directors, Gautam Mehta (Accu...