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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High Court

High Court of Karnataka Allows Revision and Appeal in Dishonour of Cheque Cases — Conviction Restored for One Cheque, Acquittal Set Aside for Another. The court upheld the conviction of the accused in one case under Section 138 of the Negotiable Instruments Act, 1881, and set aside the acquittal in another case, holding that the presumption under Section 139 was not rebutted in the first case, while in the second case the debt was time-barred and not legally enforceable.

22 Mar 2025

The judgment involves two connected matters: Criminal Revision Petition No.400/2016 and Criminal Revision Petition No.401/2016 filed by Sri D. Vijay (...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Former Minister in Fishing Contract Case — No Material to Show Demand or Acceptance of Bribe Under Prevention of Corruption Act, 1988. Mere Policy Deviation Without Evidence of Corruption Cannot Sustain Charges Under Sections 7, 13(1)(d) of Prevention of Corruption Act, 1988.

3 Mar 2025

The case arises from allegations of corruption in the grant of fishing contracts in reservoirs vested with the State of Gujarat. The appellant, Dileep...

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 Quashes Conviction Under Section 138 of Negotiable Instruments Act, 1881 and Sets Aside Civil Decrees Based on Promissory Notes Due to Misuse of Blank Cheques Issued as Security. The Court Held That the Presumption Under Section 139 Was Rebutted as the Cheques Were Issued for Chitfund Security and Presented After Account Closure, and the Lender's Financial Capacity Was Not Proven in Civil Suits.

18 Jan 2023

The Supreme Court of India, in a judgment delivered by Justice B.R. Gavai, disposed of criminal and civil appeals arising from a dispute involving dis...

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 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

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.

14 Aug 2018

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

High Court

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.

27 Jun 2018

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

High Court

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.

27 Jun 2018

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...

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal and Convicts Accused Under Section 138 of Negotiable Instruments Act, 1881. Presumption Under Section 139 of NI Act Shifts Burden on Accused, Which Was Not Discharged.

15 Feb 2010

The appellant, Mohammad Murtuza Mohammad Yusuf, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, against the respondent, G...

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