Search Results for "Presumption Rebuttable"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
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Search Results for "Presumption Rebuttable"

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High Court

High Court of Karnataka Allows Appeal Against Acquittal in Cheque Bounce Case — Presumption Under Section 139 NI Act Not Rebutted by Accused. The court held that the complainant proved the existence of a legally enforceable debt and the accused failed to rebut the presumption under Section 139 of the Negotiable Instruments Act, 1881.

20 Sep 2023

The complainant, Chidamber S. Nanavate, filed a criminal appeal under Section 378(1) and (4) of the Code of Criminal Procedure, 1973, challenging the ...

High Court

Bombay High Court Dismisses Summary Suit for Recovery Based on Dishonoured Cheque Due to Material Alteration. Cheque with discrepancy between figures and words held to be materially altered under Section 87 of Negotiable Instruments Act, 1881, rendering it void against the drawer.

23 Jun 2023

The plaintiff, Suneel Dattatraya Mogre, filed a Commercial Summary Suit against the defendant, Prabhakar Baburao Thorat, seeking a decree for Rs.2,25,...

Supreme Court

Supreme Court Acquits Accused in Kerala Forest Act Case Due to Lack of Evidence and Statutory Interpretation. Sandalwood Oil Not Classified as Forest Produce Under Section 2(f), and Prosecution Failed to Prove Illicit Removal from Reserve Forest as Required Under Section 27(1)(d).

6 Oct 2021

The appeal arose from a criminal conviction under the Kerala Forest Act, 1961, involving the appellant, a partner in a firm manufacturing and trading ...

Supreme Court

Supreme Court Restores Conviction of Accused in Dishonour of Cheque Case Under Negotiable Instruments Act, 1881. The High Court Erred in Setting Aside Concurrent Conviction by Questioning Payment of Consideration Despite Admitted Signatures and Statutory Presumptions Under Sections 118 and 139 of the Act.

23 Sep 2021

The dispute originated from a transaction where the respondent agreed to sell a house to the appellant for Rs. 4,00,000, with an advance of Rs. 3,50,0...

High Court

High Court of Bombay at Aurangabad Upholds Conviction in Cheque Dishonour Case — Rebuttable Presumption Under Section 139 of Negotiable Instruments Act Not Rebutted by Accused. The court dismissed the revision application, affirming the concurrent findings of conviction under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of a cheque issued for repayment of a hand loan.

24 Jan 2019

The applicant, Vishnu s/o Amthalal Patel, was the original accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881 filed by t...

High Court

Bombay High Court Acquits Accused in Murder Case Due to Unreliable Testimony of Related Witnesses and Lack of Corroboration. Conviction under Sections 302, 307, 324, 143, 147, 148, 149 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

7 Jun 2018

The judgment arises from a criminal appeal against conviction for murder and related offences. The appellants, original accused Nos.1-3, 5, and 6, wer...

High Court

High Court of Bombay at Goa Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal and Restores Conviction for Cheque Dishonour. The court held that the presumption under Section 139 of the Negotiable Instruments Act, 1881 operates in favour of the complainant once the signature on the cheque is admitted, and the accused failed to rebut the presumption of legally enforceable debt.

19 Jul 2013

The appellant, Krishna P. Morajkar, filed a criminal appeal against the judgment of the Additional Sessions Judge, Mapusa, which set aside the convict...

High Court

Bombay High Court Allows Appeal Against Acquittal in Cheque Dishonour Case — Presumption Under Section 139 of Negotiable Instruments Act Not Rebutted by Accused. The court held that once issuance and signature are admitted, the presumption of legally enforceable debt arises, and the accused must rebut it.

13 Apr 2010

The appellant, the original complainant, filed an appeal against the acquittal of the accused in a case under Section 138 of the Negotiable Instrument...

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Presumption under Section 139 of Negotiable Instruments Act, 1881 applies once cheque and signature are admitted, shifting burden on accused to rebut existence of debt.

10 Mar 2010

The appellant, Nitin Bapurao Mankar, was the original complainant in a complaint under Section 138 of the Negotiable Instruments Act, 1881, against re...

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal Under Section 138 of Negotiable Instruments Act, 1881. Presumption of Legally Enforceable Debt Arises Upon Admission of Signature and Handwriting on Cheque and Promissory Note.

12 Jan 2010

The case involves a criminal appeal filed by the original complainant, Mrs. Rosa Maria Fernandes, against the judgment and order dated 11.12.2008 pass...

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