Search Results for "Presumption Rebutted"

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Gujarat High Court Upholds Acquittal in Corruption Case Due to Unreliable Trap Witness and Lack of Corroboration. Demand and acceptance of bribe not proved beyond reasonable doubt under Sections 7, 13(1)(d), 13(2) of Prevention of Corruption Act, 1988.

The State of Gujarat appealed against the acquittal of Jethabhai Manjibhai Hadiyal, a Talati-cum-Mantri, from charges under Sections 7, 13(1)(d) and 1...

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High Court of Karnataka Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Dishonour of Cheque. Presumption of Legally Enforceable Debt Under Section 139 of N.I. Act Stands Unless Rebutted by Accused.

The appellant, Sri Rangaswamy, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment dated 15...

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Karnataka High Court Acquits Police Officers in Corruption Case Due to Unreliable Trap Witness and Lack of Corroboration. Conviction under Sections 7, 13(1)(d) and 13(2) of Prevention of Corruption Act, 1988 set aside as sole trap witness was interested and independent witnesses turned hostile.

The case involves two appeals by accused police officers (Ramaiah, Police Head Constable, and T.R. Hanumanthaiah, Police Sub-Inspector) against their ...

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High Court of Karnataka Allows Appeal in Recovery Suit — Loan Repayment Claim Upheld Despite Lack of Written Agreement. Preponderance of Probabilities Favored Plaintiff as Defendant Admitted Receipt of Money but Failed to Prove Alternative Purpose.

The appellant, Mr. Manjunath S., filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree d...

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Bombay High Court Acquits Accused in POCSO Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction under Section 376(2)(n) IPC and Section 506 IPC set aside as victim's testimony was unreliable and medical evidence did not support rape.

The appellant, Mohan Digambar Lokhande, was convicted by the Additional Sessions Judge-3, Yavatmal in Special (POCSO) Case 9 of 2018 for offences unde...

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Supreme Court Allows Appeal in Negotiable Instruments Act Case — Reverses High Court Conviction Due to Failure to Prove Legally Enforceable Debt. Accused's Defence of Blank Cheque Misuse and Absence of Loan Disbursement Raises Probable Doubt, Rebutting Presumption Under Section 139.

The case involves a criminal appeal under Section 138 of the Negotiable Instruments Act, 1881. The appellant, ANSS Rajashekar, was accused by the resp...

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Bombay High Court Upholds Acquittal in Cheque Bounce Case Due to Failure to Prove Debt Liability. Appellant Society Failed to Establish Loan Agreement and Outstanding Amount Under Section 138 of Negotiable Instruments Act, 1881.

The appellant, Dharampeth Mahila Urban Credit Cooperative Society Limited (now Dharampeth Mahila Multi State Cooperative Society Limited), filed a cri...

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Bombay High Court Allows Landlord's Petition in Eviction Case Based on Bonafide Need Under C.P. & Berar Rent Control Order, 1949 — Reversing Appellate Court's Dismissal of Suit.

The petitioner, Tirathdas Pokhardas Kalda, aged about 83 years, is the owner of a house at Teen Nal square, Nagpur, which includes a shop block of abo...

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Bombay High Court Upholds Conviction of Accused in Cheque Dishonour Case Despite Separate Trials for Multiple Cheques. Dishonour of three cheques treated as separate offences under Section 138 of Negotiable Instruments Act, 1881, but separate trials not resulting in prejudice.

The dispute between the complainant Nilesh P. Salgaonkar and the accused Deelip Apte involved three cheques issued by the accused to the complainant, ...