Search Results for "Rebuttable 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 Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "Rebuttable Presumption"

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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

Karnataka High Court Sets Aside Order Restoring Ex-Parte Regular Appeal Filed by Defendant in Title Suit. Presumption of Service Under Section 27 of General Clauses Act, 1897 Stands Unrebutted as Power of Attorney Holder Lacked Personal Knowledge to Lead Evidence.

10 Sep 2024

The Civil Revision Petition arose out of a title suit (O.S. No. 466/2011) filed by one Smt. Akkayamma seeking declaration of title and permanent injun...

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 Recalls Earlier Conviction Order and Re-Hears Appeal on Maintainability of Section 378(4) Cr.P.C. in Cheque Dishonour Case. Court Addresses Whether Second Appeal Lies Against Acquittal by First Appellate Court Under Negotiable Instruments Act.

10 Aug 2021

This criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973 arose from a cheque dishonour complaint under Section 138 of the Neg...

High Court

Bombay High Court Dismisses Second Appeal in Property Injunction Suit — Concurrent Findings of Possession and Title Upheld. The court held that the appellants failed to prove their title and possession over the suit property, and the concurrent findings of the courts below did not suffer from any perversity or substantial question of law.

12 Mar 2021

The case pertains to a suit for permanent injunction filed by the respondents (original plaintiffs) against the appellants (original defendants) in re...

High Court

Bombay High Court Dismisses Appeal Against Acquittal in Cheque Dishonour Case — Complainant Failed to Prove Debt or Liability. Presumption under Section 139 of Negotiable Instruments Act, 1881 rebutted by accused's defence that cheque was blank and misused.

10 Jan 2020

The appellant, Harendra Ramchandra Pathak, filed a criminal appeal against the acquittal of respondent no.1, Rajendra Ratan Mhatre, by the Judicial Ma...

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case, Reverses Acquittal. The court held that the trial court erred in failing to apply the presumption under Section 139 of the Negotiable Instruments Act, 1881, and that the accused failed to rebut the presumption.

23 Jul 2019

The appellant, Doshi Brothers, a proprietary concern, filed a private complaint under Section 138 of the Negotiable Instruments Act, 1881, against M/s...

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...

High Court

Bombay High Court Quashes Eviction Decree Against Tenant in Rent Control Case Due to Lack of Proof of Receipt of Demand Notice. Service of Notice by Certificate of Posting Alone Does Not Establish Receipt, Rebuttable Presumption Rebutted by Tenant's Evidence of Non-Receipt Under Section 27 General Clauses Act and Section 114 Evidence Act.

19 Jul 2005

The dispute arose under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, involving a residential tenancy of Municipal House No. 25 a...

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