Search Results for "rebuttable presumption"

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Supreme Court Reinstates Conviction in Cheque Dishonour Case, Modifies Sentence to Fine. Presumption Under Section 139 NI Act Favours Complainant Unless Rebutted by Probable Defence – High Court’s Acquittal Overturned

Presumption of Legally Enforceable Debt (Sections 118 & 139 NI Act): The Supreme Court reiterated that once the complainant proves the cheque...

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High Court of Karnataka Allows Appeal in Money Recovery Suit — Photostat Copy Compared with Original is Admissible as Secondary Evidence Under Section 63 of Evidence Act, 1872. Section 11 of Karnataka Money Lenders Act, 1961 Does Not Mandate Production of Licence to Maintain Suit.

The appellant, Shri M. Ratnavarma Padival, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgm...

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High Court of Karnataka Acquits Accused in POCSO and Rape Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction under Section 376 IPC and Section 4 of POCSO Act, 2012 set aside as prosecution failed to prove guilt beyond reasonable doubt.

The appellant, G S Venkatesh, was convicted by the I Additional District and Sessions Judge, Chikkaballapur, in Special S.C. No.12/2016 for offences p...

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Bombay High Court Quashes Criminal Proceedings Against Managing Director and Publisher in Defamation Case for Lack of Specific Allegations of Involvement in Publication. Managing Director Not Liable Under Sections 500, 501, 502 IPC Without Evidence of Direct Role in Publication.

The applicants, Muncherji Nusserwanji Cama (Managing Director of Bombay Samachar Pvt. Ltd.) and the company itself, filed an application under Section...

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High Court of Bombay at Goa Allows Appeal Against Acquittal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted by Accused Who Did Not Enter Witness Box. Acquittal Set Aside as Perverse; Accused Convicted and Fined ₹2,50,000 with Compensation to Complainant.

The appellant, Ivan Singh, filed a criminal appeal against the acquittal of the respondent, Shivaji Tukaram Naik, by the Judicial Magistrate First Cla...

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Bombay High Court Acquits Accused 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 and 13(1)(d) of Prevention of Corruption Act, 1988.

The appellant, Madhukar Nagnathrao Bandale, was a Junior Clerk in Upper Painganga Project, Sub-Division No.3, Isapur. The complainant, Ganpat Kasture ...

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Bombay High Court Acquits Husband in Suicide Abetment Case Due to Lack of Evidence of Cruelty or Instigation. Conviction under Sections 306 and 498A IPC set aside as prosecution failed to prove harassment or abetment leading to suicide.

The appellant, Satishraj Ramteke, was convicted by the trial court under Sections 306 and 498A of the Indian Penal Code for allegedly abetting the sui...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Acquittal Set Aside Due to Improper Appreciation of Evidence. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands in favor of complainant unless rebutted by accused.

The appellant, Mahesh Urban Credit Coop. Society Ltd., through its manager, filed a criminal appeal challenging the acquittal of the respondent, Naray...