Search Results for "Rebuttable Presumption"

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High Court of Karnataka Examines Requirement of Knowledge Under Section 25 NDPS Act for Owner's Liability. Owner's Mere Ownership of Premises Insufficient to Establish Offence Without Evidence of Knowing Permission Under Narcotic Drugs and Psychotropic Substances Act, 1985.

The petitioner, a 68-year-old man, was the owner of a property that was rented out through a property manager for a birthday party. On 20.05.2024, pol...

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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 — Complainant Failed to Establish Loan Transaction and Legally Enforceable Debt.

The case arises from a complaint filed by Smt. Jayamma @ Nagamma (respondent) against Smt. Jayamma (petitioner/accused) under Section 138 of the Negot...

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Bombay High Court Upholds Acquittal of Accused in PC Act Case Due to Unreliable Complainant and Lack of Corroboration. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7 and 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988.

The State of Maharashtra appealed against the acquittal of Mangala Shankar Chinchawade, a Junior Clerk in the Pune Civil Court, who was charged under ...

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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 ...