Search Results for "reverse presumption"

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Search Results for "reverse presumption"

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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...

High Court

High Court of Bombay at Goa Allows Appeal Against Acquittal in Cheque Dishonour Case — Reverses Acquittal and Convicts Accused Under Section 138 of Negotiable Instruments Act, 1881. Court Holds That Appellate Court Erred in Reversing Conviction Based on Improper Appreciation of Evidence and That the Presumption Under Section 139 of the N.I. Act Was Not Rebutted.

2 May 2017

The appellant, Ms. Anu Tripathi, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, alleging that a cheque dated 20.09.2009 ...

High Court

Gujarat High Court Allows Appeal Against Acquittal in Negotiable Instruments Act Case — Presumption Under Section 139 Not Rebutted by Accused. The court held that the trial court erred in acquitting the accused as the presumption of legally enforceable debt under Section 139 of the Negotiable Instruments Act, 1881 was not rebutted.

18 Mar 2026

The appellant, original complainant, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 alleging that the accused issued a ch...

High Court

Full Bench of Bombay High Court Examines Fee Reimbursement Scheme Restriction for Minority Institution Students. Court Tasked with Resolving Conflicting Precedents on Whether Limiting Reimbursement to CAP-Admitted Students Is Discriminatory.

29 May 2020

The case concerned a challenge to a Government Resolution (GR) dated 27.02.2013 issued by the State of Maharashtra, which restricted fee reimbursement...

Supreme Court

Supreme Court Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal Based on Perverse Findings. Statutory Presumption Under Sections 118(a) and 139 of the Negotiable Instruments Act, 1881 Not Rebutted by Accused Despite Admission of Cheque Issuance.

4 Oct 2019

The appellant, Uttam Ram, owned an apple orchard and supplied packing materials to apple growers, including respondent Devinder Singh Hudan. In Septem...

Supreme Court

Supreme Court Allows Dealer's Appeal in Motor Accident Claim — Dealer Not Liable as Owner Under Motor Vehicles Act, 1988. Dealership Agreement Cannot Shift Statutory Liability of Manufacturer for Third-Party Compensation.

20 Sep 2024

The Supreme Court allowed the appeal filed by Vaibhav Jain, the proprietor of M/s Vaibhav Motors, a dealer of Hindustan Motors Pvt. Ltd. The case aros...

Supreme Court

Supreme Court Dismisses Appeal in Cheque Dishonour Case Due to Contradictory Evidence and Failure to Rebut Presumption. Appellant failed to prove legally enforceable debt as cheque was issued as security and loan transaction not reflected in income tax returns.

1 Jan 2024

The appellant, Sri Dattatraya, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) against the respondent, Sharanappa...

Supreme Court

Supreme Court Upholds Conviction for Rape of Mentally Retarded Woman in Himachal Pradesh. High Court's Reversal of Acquittal Upheld as Prosecutrix's Mild Mental Retardation Rendered Her Incapable of Understanding Sexual Assault.

3 Dec 2020

The Supreme Court dismissed the appeal filed by Chaman Lal against the judgment of the Himachal Pradesh High Court, which had reversed his acquittal a...

Supreme Court

Supreme Court Refers to Larger Bench Whether Investigation by Complainant Police Officer Under NDPS Act Vitiate Trial — Mohan Lal Decision's Applicability Examined. The court considers the conflict between Mohan Lal v. State of Punjab (holding trial vitiated) and Varinder Kumar v. State of Himachal Pradesh (holding prospective application) and refers the matter to a five-judge bench.

31 Aug 2020

This judgment arises from a batch of special leave petitions challenging convictions under the Narcotic Drugs and Psychotropic Substances Act, 1985 (N...

High Court

High Court of Karnataka Dismisses State Appeal Against Acquittal in Dowry Death Case — Prosecution Fails to Prove Demand for Dowry and Homicidal Death Beyond Reasonable Doubt. The court upheld the acquittal of husband and in-laws under Sections 498A and 302 read with Section 34 IPC, finding the evidence of dowry demand and unnatural death insufficient.

11 Oct 2019

The State of Karnataka appealed against the judgment of acquittal dated 31.12.2012 passed by the Fast Track Court-III, Bengaluru Rural District, in Se...

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