Search Results for "presumption rebuttable"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal in Motor Accident Claim Case — Death Not Arising O...
Bombay High Court Dismisses Petitioner's Challenge to Arbitral Award in Commerci...
Bombay High Court Dismisses Appeal Against Attachment of Property in NSEL Scam C...
Bombay High Court Allows Appeal in Customs Classification Dispute — Bulk Pet F...

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...

High Court

Bombay High Court Allows Petition Challenging Minister's Order Declaring Aakarphod Patrak Infructuous — Primacy of Hissa Form No.4 Over Mutation Entries Upheld. Cancellation of Mutation Entry No.3342 Does Not Invalidate Sub-Division Created by Aakarphod Patrak No.12 of 1968 Under Maharashtra Land Revenue Code.

25 Feb 2025

The case involves a dispute over land bearing old Survey No.279 (new Survey No.78) in Palghar, Maharashtra. A partition was recorded in 1955 between H...

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

High Court of Karnataka Allows Appeals in Dishonour of Cheque Cases, Sets Aside Acquittal. Presumption under Section 139 of NI Act applies when signature and issuance of cheque are admitted, shifting burden on accused to rebut.

27 Jan 2022

The appellant, Mr. Ashfaq Rasheed Shaik, filed six criminal appeals under Section 378(4) Cr.P.C. against the judgment of acquittal dated 07.06.2018 pa...

High Court

Bombay High Court Dismisses Appeals Against Acquittal in Cheque Dishonour Case Due to Failure of Consideration. Complainant failed to prove legally enforceable debt as share transfer was not completed under MOU.

10 Jan 2020

The case involves two appeals filed by Harendra Ramchandra Pathak (complainant) against the acquittal of Dharmendra Ratan Mhatre and Rajendra Ratan Mh...

High Court

High Court of Karnataka Allows Appeal in Recovery Suit — Loan Repayment Claim Upheld Despite Lack of Written Agreement. Preponderance of Probabilities Favored Plaintiff as Defendant Admitted Receipt of Money but Failed to Prove Alternative Purpose.

19 Aug 2019

The appellant, Mr. Manjunath S., filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree d...

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case, Reverses Acquittal Under Section 138 NI Act. Presumption under Sections 118(a) and 139 of Negotiable Instruments Act, 1881 held to be in favour of complainant unless rebutted by accused.

4 Feb 2016

The appellant, Sachin Food Processor, a registered partnership firm, filed a criminal complaint against the respondent, Sanjay T. Pathak, under Sectio...

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Presumption under Section 139 of Negotiable Instruments Act, 1881 applies when signature on cheque is admitted, shifting burden on accused to rebut existence of debt.

10 Mar 2010

The appellant, Bapurao s/o Motiram Mankar, a senior citizen, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against respo...

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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