Search Results for "rebuttable presumption"

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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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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.

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...

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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.

The appellant, Deorao Marotrao Bhagatkar, was the Principal of Kendriya Vidyalaya, Chandrapur. He was convicted by the Special Judge, Chandrapur, in S...

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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.

The appellant was convicted by the Additional Sessions Judge, Chandrapur, under Sections 5 and 6 of the Protection of Children from Sexual Offences Ac...

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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...