Search Results for "Presumption Rebutted"

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Search Results for "Presumption Rebutted"

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Supreme Court

Supreme Court Allows Appeal in Dishonoured Cheque Case Under Negotiable Instruments Act, 1881, Restoring Complaint for Trial. The Court held that the presumption under Section 139 of the Act regarding legally enforceable debt is rebuttable only at trial, not at pre-trial stage, and the basic ingredients under Section 138 were prima facie satisfied.

7 Apr 2026

The dispute arose from a complaint filed under Section 138 of the Negotiable Instruments Act, 1881, by the appellant against the second respondent, wh...

Supreme Court

Supreme Court Allows Appeal of Widow and Children for Family Pension Despite Bigamous Marriage — Second Marriage Valid After Divorce from First Wife, Entitlement to Pensionary Benefits Upheld. The court held that the marriage of appellant No.1 with the deceased, though void at inception due to subsistence of earlier marriage, became valid after the divorce of the first wife, and the appellants are entitled to family pension under the Army Pension Regulations.

22 Aug 2023

The case pertains to a dispute over family pension of Late Subedar Pundalik Bhave, who served in the Indian Army. The appellants are Smt. Shiramabai (...

Supreme Court

Supreme Court Upholds Conviction of Accused in Dowry Death and Abetment of Suicide Case Under Sections 304B and 306 IPC. The Court interpreted 'soon before' in Section 304B IPC as requiring a proximate and live link between dowry demand and death, not immediate proximity, based on legislative intent to address social evil.

28 May 2021

The appeals arose from the High Court's dismissal of the appellants' criminal appeals, upholding their conviction and sentence by the Trial Court for ...

High Court

Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Non-Application of Presumptions Under Sections 118 and 139. Trial Court Erred in Shifting Burden of Proof Without Considering Rebuttal Evidence and Document Exh.28.

16 Jul 2018

The appellant, Sunanda Rithe, filed a criminal appeal against the acquittal of the respondent, Madhav Rajurkar, by the Chief Judicial Magistrate in Su...

High Court

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.

21 Jun 2018

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

High Court

High Court of Bombay at Nagpur Acquits Accused in Corruption Case Due to Lack of Corroboration and Unreliable Trap Witnesses. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7 and 13(1)(d) of Prevention of Corruption Act, 1988.

30 Sep 2014

The appellant, Rajesh s/o Roopchand Motghare, was a peon with Nagpur Municipal Corporation posted at octroi check post No.10, Wadi. On 20/8/2002, Dili...

High Court

High Court of Bombay at Goa Dismisses Petition Challenging Mundkar Declaration — Concurrent Findings of Fact Not Interferable Under Article 226. The court upheld the declaration of respondents as Mundkars under the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975, finding no perversity in the concurrent findings of the Deputy Collector and Administrative Tribunal.

7 Jul 2014

The petitioners, legal heirs of Krishna Vithoba Xete Tilve, filed a writ petition under Article 226 of the Constitution before the High Court of Bomba...

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...

High Court

Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witness and Lack of Corroboration. Conviction under Section 7 and Section 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988 set aside as demand and acceptance of bribe not proved beyond reasonable doubt.

30 Jul 2012

The appellant, Yashwant Sambhaji Dadmal, a police constable, was convicted by the Special Judge, Chandrapur in Special Case No.6 of 1999 for offences ...

High Court

Bombay High Court Allows Petition Challenging Appellate Authority's Order Limiting Assessment Period for Unauthorised Use of Electricity to Three Months Under Section 127 of Electricity Act, 2003. The court held that the appellate authority exceeded its jurisdiction by imposing a limitation not provided for in the Act.

27 Jul 2006

The petitioners, Reliance Energy Limited and its shareholder, challenged the order dated 18.3.2005 passed by the Chief Engineer (Electrical), PWD Depa...

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