Search Results for "reverse presumption"

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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...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...

Search Results for "reverse presumption"

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High Court

Madras High Court Dismisses Appeal Against Grant of Probate in Will Dispute. Court Holds That Certified Copy of Will is Admissible as Secondary Evidence and Due Execution Proved Under Section 63 of Indian Succession Act, 1925.

17 Apr 2026

The appeal arises from a judgment and decree dated 16.08.2024 passed by a learned Single Judge of the Madras High Court in T.O.S.No.21 of 2020, granti...

Supreme Court

Supreme Court Acquits Appellants in Murder Case, Setting Aside High Court’s Reversal of Trial Court Acquittal. Conviction Based on Presumption of Presence and Circumstantial Evidence Held Insufficient to Prove Guilt Beyond Reasonable Doubt Under Section 302 IPC.

26 Jul 2026

The present criminal appeal arose out of a murder case involving a property dispute. The deceased, Shakeel ur Rehman, had entered into a sale agreemen...

High Court

High Court Reconsiders Validity of Appellate Side Rule on Marathi Translations After Earlier Division Bench Held It Unconstitutional. Larger Bench Examines Whether Litigants Were Heard Before Rule Declared Null and Void Under Article 348.

7 May 2010

The matter arose from a writ petition filed by a practicing advocate who was prevented by the High Court Registry from filing a petition without first...

High Court

Regular First Appeal Against Common Judgment Decreeping Suit for Perpetual Injunction and Dismissing Suit for Declaration That Sale Deeds Are Not Binding on Co-Parceners. Dispute Centered on Whether Property Was Joint Family Asset or Self-Acquired and Validity of Sale Deeds Executed by Karta or Power of Attorney Holder.

27 Jan 2020

The appeals arose from two suits tried together. One suit (O.S.No.1611/1994) was filed by the plaintiffs, claiming to be co-parceners of an undivided ...

High Court

Bombay High Court Allows Appeal in Summary Suit Case Due to Non-Service of Summons. Ex Parte Decree Set Aside as Trial Court Erred in Treating Application Under Order 37 Rule 4 CPC as Review.

26 Sep 2016

The appellant, M/s. Shakti Bioscience Ltd., filed an appeal against an ex parte judgment and decree dated 04.11.2015 passed by the City Civil Court, M...

High Court

Bombay High Court Dismisses Second Appeal in Property Partition Suit — Concurrent Findings of No Joint Purchase Upheld. Suit for Declaration of Ownership and Partition Dismissed as Plaintiffs Failed to Prove Joint Purchase of Suit Property in 1957.

23 Mar 2018

The case involves a property dispute between descendants of two brothers, Ramchandra Ingole and Trimbakrao Ingole, who had partitioned joint family pr...

High Court

High Court of Bombay at Panaji Allows Complainant's Appeal in Cheque Dishonour Case — Presumption Under Section 139 of Negotiable Instruments Act, 1881 Not Rebutted by Accused's Defence of Security Deposit. The court held that the accused failed to prove on preponderance of probabilities that the cheques were given as security deposit, and the presumption that they were issued for discharge of a debt or liability stood.

21 Sep 2006

The complainant, Ajay Shetty, proprietor of M/s. Pride Industries, filed two complaints against the accused, Savio Faria, proprietor of Grace Marketin...

High Court

Gujarat High Court Allows Second Appeal in Mortgage Redemption Case — Concurrent Findings Set Aside for Ignoring Material Evidence and Misreading Documents. Mortgage by Conditional Sale Held Not Extinguished by Mere Delay; Right to Redeem Survives Under Section 60 of Transfer of Property Act, 1882.

28 Jan 2026

The appellant (original plaintiff) filed a suit for redemption of mortgage of a shop in Borsad, Anand. The plaintiff had executed two mortgage by cond...

High Court

High Court of Bombay at Goa Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal and Restores Conviction for Cheque Dishonour. The court held that the presumption under Section 139 of the Negotiable Instruments Act, 1881 operates in favour of the complainant once the signature on the cheque is admitted, and the accused failed to rebut the presumption of legally enforceable debt.

19 Jul 2013

The appellant, Krishna P. Morajkar, filed a criminal appeal against the judgment of the Additional Sessions Judge, Mapusa, which set aside the convict...

High Court

Gujarat High Court Dismisses State Appeal Against Acquittal in Corruption Case Due to Unreliable Trap Witnesses. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Section 161 IPC and Section 5(2) of Prevention of Corruption Act, 1988.

2 Feb 2026

The State of Gujarat filed an appeal under Section 378(1)(3) of the Code of Criminal Procedure, 1973, against the judgment and order of acquittal date...

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