Search Results for "evidence insufficiency"

286 result(s) found

Scroll Down To Discover

Found 286 result(s)

© Image Copyrights Juris Services & Technology

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.

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

© Image Copyrights Juris Services & Technology

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 — Complainant Failed to Establish Loan Transaction and Legally Enforceable Debt.

The case arises from a complaint filed by Smt. Jayamma @ Nagamma (respondent) against Smt. Jayamma (petitioner/accused) under Section 138 of the Negot...

© Image Copyrights Juris Services & Technology

Bombay High Court Upholds Conviction Under Section 138 NI Act for Dishonour of Cheques Issued in Discharge of Liability — Service of Notice by Registered Post Deemed Sufficient Despite Return as Undelivered.

The case involves a criminal revision application filed by the accused against his conviction under Section 138 of the Negotiable Instruments Act, 188...

© Image Copyrights Juris Services & Technology

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.

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

© Image Copyrights Juris Services & Technology

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 Not Attracted as Complainant Failed to Establish Legally Enforceable Debt or Liability.

The case arises from a criminal revision petition filed by the accused, S.S. Ramesh, challenging his conviction under Section 138 of the Negotiable In...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal and Convicts Accused Under Section 138 NI Act. Presumption under Section 139 NI Act that cheque was issued for legally enforceable debt not rebutted by accused's bare denial.

The appeal was filed by the original complainant, Smt. Nanda w/o Dharam Nandanwar, against the judgment and order dated 26th March 2009 passed by the ...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Appeal Against Order in Property Dispute — Upholds Trial Court's Refusal to Set Aside Ex-Parte Decree. Appellant Failed to Show Sufficient Cause for Non-Appearance Under Order 9 Rule 13 CPC.

The appellant, Mahadeorao Satawne, filed two appeals against an order of the trial court dismissing his application under Order 9 Rule 13 of the Code ...

© Image Copyrights Juris Services & Technology

High Court of Karnataka Upholds Conviction in Cheque Bounce Case — Revisional Court Cannot Reappreciate Evidence Unless Perverse. Accused failed to rebut presumption under Section 139 of Negotiable Instruments Act, 1881 regarding legally enforceable debt.

The case arises from a private complaint filed by the complainant (since deceased, represented by legal representatives) against the accused-petitione...

© Image Copyrights Juris Services & Technology

Supreme Court Restores Acquittal in Cheque Dishonour Case Due to Complainant's Failure to Prove Debt. High Court's Reversal Set Aside as Trial Court's Findings on Rebuttal of Presumption Were Plausible and Not Perverse.

The Supreme Court allowed the appeal filed by Rohitbhai Jivanlal Patel against the judgment of the Gujarat High Court, which had reversed his acquitta...