Search Results for "Rebuttable presumption"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Issues Notice in Service Matter Challenging Deletion of Names ...
High Court of Karnataka Allows Appeals Against Ex Parte Interim Injunction in Pr...
High Court of Karnataka Allows Revision Petition in Private Complaint Case — T...
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Search Results for "Rebuttable presumption"

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High Court

Bombay High Court Allows Appeal and Remands Land Acquisition Reference for Parity in Compensation — Presumption of Death Under Section 110 of BSA Act Clarified. The Court held that the principle of parity requires consistent compensation for similarly situated landowners and that legal representatives need not produce a succession certificate when relationship is undisputed.

8 Aug 2024

The case arises from a first appeal filed by the legal representatives of the original claimant, Savitribai Ambagade, against the judgment and award d...

High Court

High Court of Karnataka Allows Appeal in NI Act Case — Reverses Acquittal for Dishonour of Cheque. Complainant's Loan of Rs.2,50,000 for Education and Family Necessities Supported by Evidence; Presumption Under Section 139 of Negotiable Instruments Act, 1881 Not Rebutted by Accused.

15 Dec 2023

The complainant, Smt H B Bhagyalakshmi, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, against the judgment and...

Supreme Court

Supreme Court Allows Appeal in Dishonour of Cheque Case, Reinstates Proceedings Quashed by High Court. Parallel Prosecutions Under Section 138 of the Negotiable Instruments Act, 1881 and Other Offences Are Permissible, and Settlement Agreement Does Not Extinguish Liability Unless Full Payment Is Made.

8 Oct 2021

The dispute arose from dishonoured cheques issued by Aanchal Cement Limited (ACL) to Gimpex Private Limited. Gimpex had paid customs duty and wharfage...

High Court

High Court of Karnataka Allows Appeal in Cheque Dishonour Case — Acquittal Set Aside Due to Improper Appreciation of Evidence. Presumption Under Section 139 of NI Act Not Rebutted by Accused.

23 Nov 2020

The appellant, Srinidhi Finance & Investment Corporation, filed a criminal appeal against the acquittal of the respondent, Basavanthappa, for the offe...

High Court

High Court of Karnataka Dismisses Revision Petition in Cheque Bounce Case — Conviction Under Section 138 of Negotiable Instruments Act, 1881 Upheld. Presumption of Legally Enforceable Debt Under Section 139 NI Act Not Rebutted by Accused.

12 Nov 2019

The petitioners, accused Nos.1 and 2, were convicted by the LVII Additional Chief Metropolitan Magistrate, Mayo Hall unit, Bengaluru in C.C.No.53439/2...

Supreme Court

Supreme Court Acquits Accused in Corruption Case Due to Lack of Proof of Demand. Conviction under Prevention of Corruption Act cannot be sustained when primary evidence of demand is absent due to complainant's death and no other reliable evidence establishes demand.

28 Feb 2019

The Supreme Court allowed the appeal of Mrs. Neeraj Dutta, an LDC in Delhi Vidyut Board, who was convicted under Sections 7 and 13(1)(d) read with Sec...

High Court

Bombay High Court Upholds Conviction of Company and Directors in Cheque Dishonour Case Under Section 138 r/w 141 of Negotiable Instruments Act, 1881. Directors' Claim of Not Being In Charge of Business at Time of Cheque Issuance Fails to Rebut Presumption of Liability Under Section 141.

14 Mar 2017

The case involves a criminal revision application filed by M/s. Jaimin Jewelery Exports Pvt. Ltd. (Accused No.1) and its directors, Gautam Mehta (Accu...

High Court

High Court of Bombay at Goa Upholds Conviction in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted. Accused Failed to Prove Defence of Blank Cheque Given as Security, Leading to Confirmation of Sentence Under Section 138 of Negotiable Instruments Act, 1881.

5 Feb 2015

The case arises from a complaint filed by the respondent (complainant) against the petitioner (accused) under Section 138 of the Negotiable Instrument...

High Court

Bombay High Court Allows Second Appeal in Property Suit — Finds Substantial Question of Law on Adverse Possession and Co-owner's Possession. Court holds that possession of one co-owner is possession of all co-owners unless there is ouster, and that the trial court's finding of adverse possession was perverse.

29 Nov 2013

The case involves a second appeal filed by the original defendants against the judgment and decree dated 24.07.2012 passed by the learned District Jud...

High Court

High Court of Bombay at Goa Allows Appeal in Negotiable Instruments Act Case — Blank Cheque Defence Rejected as Unsubstantiated. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands in favour of holder, and accused failed to rebut it by preponderance of probabilities.

11 Sep 2012

The appellant, The Bagayatdar Urban Co-operative Credit Society Ltd., filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 agai...

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