Search Results for "evidence insufficiency"

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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 "evidence insufficiency"

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High Court

Bombay High Court Allows Petition of Food Inspector Challenging Minor Penalty Without Hearing. Withholding of Increment Without Cumulative Effect Quashed for Violation of Principles of Natural Justice Under Article 311(2) of the Constitution.

16 Jan 2019

The petitioner, Shri Manik Abaso Jadhav, was appointed as a Food Inspector with the Mira Bhayandar Municipal Corporation. Subsequently, the designatio...

Supreme Court

Supreme Court Allows Appeal in Maintenance and Paternity Dispute — Holds That Family Court Cannot Reopen Paternity When Civil Court's Finding on Legitimacy Has Attained Finality. The presumption of legitimacy under Section 112 of the Indian Evidence Act, 1872, when conclusively established by a competent civil court, bars a subsequent maintenance proceeding from determining paternity against a third party.

1 Jan 2025

The case involves a long-standing dispute over the paternity and maintenance of a child born to a married woman. The respondent, Milan Joseph, was bor...

High Court

Karnataka High Court Quashes Trial Court Order Impounding Agreement of Sale Already Admitted in Evidence; Holds That Once Document Admitted Without Objection, Its Admissibility Cannot Be Challenged Under Karnataka Stamp Act, 1957. The District Court's Revision Under Section 58 Was Maintainable Only by Court or Deputy Commissioner, Not by Private Party.

15 Dec 2022

The writ petition was filed under Articles 226 and 227 of the Constitution of India challenging an order of the Trial Court directing impounding of an...

Supreme Court

Supreme Court Allows Union of India's Appeal in BSF Disciplinary Case — Commandant's Power to Order Additional Record of Evidence Upheld. The Court held that the Commandant had jurisdiction to direct preparation of additional RoE under Rule 51 of BSF Rules, 1969, and that reasons for conviction need not be recorded by SSFC or appellate authority under Section 117(2) of BSF Act, 1968.

3 Dec 2021

The Union of India and officials of the Border Security Force appealed against a judgment of the Calcutta High Court which quashed disciplinary procee...

High Court

Bombay High Court Quashes Criminal Proceedings in Dishonour of Cheque Cases Due to Lack of Proper Service of Notice Under Section 138 of Negotiable Instruments Act, 1881 — Complainant Failed to Prove Service of Demand Notice as Required by Section 138(b) of the Act.

22 Apr 2014

The petitioner, M/s Soft-touch Computer through its proprietor Shashikant Bhaskar Zope, filed three criminal writ petitions under Section 482 of the C...

High Court

Bombay High Court Allows Appeal Against Acquittal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted. The court held that the Trial Court erred in acquitting the accused despite the presumption of legally enforceable debt under Section 139 of the Negotiable Instruments Act, 1881, as the accused failed to rebut the presumption.

14 Jan 2010

The appeal arises from the judgment and order of acquittal passed by the J.M.F.C., Mapusa, Goa, in OA case No.625/2007/F, acquitting the respondent/ac...

High Court

Bombay High Court Allows Appeal Against Impounding of Photocopy of Tenancy Agreement for Collateral Purpose. Photocopy of Unstamped Agreement Cannot Be Impounded Under Section 34 of Maharashtra Stamp Act, 1958.

27 Apr 2020

The case involves two writ petitions arising from a civil suit for eviction filed by the original plaintiff (Dr. Smt. Seema Arun Mankar) against the o...

High Court

High Court of Karnataka Allows Appeal in Cheque Dishonour Case — Presumption Under Section 139 N.I. Act Not Rebutted by Accused. Borrowing of Rs.20,000/- and Issuance of Cheque Established; Acquittal Set Aside.

17 Jan 2023

The appeal arises out of the judgment of acquittal passed by the learned Senior Civil Judge and JMFC, Sagar dated 26.08.2011 in C.C.No.124/2010 wherei...

Supreme Court

Supreme Court Restores Conviction in Cheque Dishonour Case: High Court Erred in Reappreciating Evidence Beyond Revisional Jurisdiction. Presumption under Sections 118 and 139 of Negotiable Instruments Act, 1881 stands unless rebutted by accused with probable defence.

2 Apr 2025

The appellant-complainant alleged that he advanced a loan of Rs.22,00,000 to the respondent-accused, who issued a cheque dated 17.03.2010 for the same...

Supreme Court

Supreme Court Upholds High Court's Decision Setting Aside Bank Employee's Dismissal in Disciplinary Proceedings Due to Perverse Findings and Procedural Unfairness. The Court affirmed that judicial review under Article 226 of the Constitution permits interference when enquiry findings are based on insufficient evidence and procedural lapses cause prejudice, as per precedents on sufficiency of evidence in departmental proceedings.

31 Jan 2022

The dispute involved a bank employee who was dismissed from service following disciplinary proceedings initiated by the bank. The employee, initially ...

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