Search Results for "evidence insufficiency"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
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Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "evidence insufficiency"

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High Court

High Court of Bombay at Aurangabad Allows Complainant's Appeal in Dishonour of Cheque Case — Presumption Under Section 139 of Negotiable Instruments Act Not Rebutted by Accused. The court held that the accused failed to rebut the presumption of legally enforceable debt under Section 139 of the Negotiable Instruments Act, 1881, and convicted the accused under Section 138 of the Act.

7 Dec 2020

The appellant, Kiran Rameshlal Bhandari, filed two criminal appeals challenging the judgment and order dated 20.02.2017 passed by the learned Judicial...

High Court

Bombay High Court Full Bench Examines Whether Affidavit Verification Can Bypass Examination Under Section 200 CrPC in Cheque Dishonour Cases under Section 138 NI Act. Reference Made to Reconcile Conflicting Views on Section 145 NI Act's Impact on Summary Trial Procedure.

7 Dec 2010

The Bombay High Court was seized of a reference to a Full Bench arising from Criminal Writ Petition No. 2523 of 2010, filed by the accused (Chief Fina...

High Court

Bombay High Court Allows Employer's Petition Against Industrial Court Order in Unfair Labour Practice Case — Non-supply of Enquiry Report Before Dismissal Violates Natural Justice. The court remanded the matter for fresh consideration on punishment, holding that the Industrial Court erred in ordering reinstatement with full back wages without considering the gravity of misconduct.

11 Apr 2014

The petitioner, The Indian Seamless Metal Tubes Limited, is a factory covered under the Factories Act, 1948. The respondent workman was appointed on 0...

High Court

Bombay High Court Dismisses Leave to Appeal Against Acquittal in Cheque Dishonour Case — Attachment by Crime Branch Not Covered Under Section 138 NI Act. Cheque dishonour due to bank account attachment by Crime Branch does not constitute an offence under Section 138 of the Negotiable Instruments Act, 1881 as it is not a dishonour for insufficiency of funds or arrangement.

22 Mar 2011

The appellant, Ashish Parikh, proprietor of Parikh Investments, filed a criminal application seeking leave to appeal against an order of acquittal pas...

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 Allows Revision in NI Act Case, Restores Conviction Despite Change of Magistrate. Section 143 of Negotiable Instruments Act Overrides Section 326(3) CrPC, Succeeding Magistrate Can Proceed on Evidence Recorded by Predecessor.

11 Aug 2006

The petitioner, Shivaji Sampat Jagtap, filed a Criminal Revision Application against the judgment of the Sessions Court which had set aside his convic...

High Court

High Court of Gujarat Dismisses ESIC's Appeal in Employment Injury Case, Upholds 40% Hearing Loss Compensation. Medical Appeal Tribunal's assessment of 40% disablement due to occupational noise exposure is a finding of fact not open to challenge under Section 82 of the Employees' State Insurance Act, 1948.

12 Mar 2026

The case involves an appeal by the Regional Director of the Employees' State Insurance Corporation (ESIC) against the judgment of the Employees' State...

High Court

High Court of Karnataka Dismisses Revision Petition in Cheque Dishonour Case — Conviction Under Section 138 NI Act Upheld. Accused Failed to Rebut Presumption of Legally Enforceable Debt or Discharge, and Signature on Cheque Was Admitted.

15 Jun 2021

The case involves a criminal revision petition filed by R. Hanumantharaya (the accused) against the judgment and order dated 02-01-2019 passed by the ...

High Court

Bombay High Court Allows Landlords' Eviction Petition for Bonafide Need of Residential Accommodation Under Section 13(1)(g) of the Maharashtra Rent Control Act, 1999. The court restored the trial court's eviction decree, holding that the appellate court's finding of sufficient alternative accommodation was perverse and not supported by evidence.

27 Mar 2017

The petitioners, two elderly sisters aged 73 and 71, were the owners of a house property in Nagpur consisting of ground plus two floors. They resided ...

High Court

Bombay High Court Dismisses Union of India's Appeal in Motor Accident Claim — Ex-Parte Award Upheld Due to Lack of Sufficient Evidence to Challenge Negligence Finding. Station Diary Entry Held to Have Only Corroborative Value, Not Substantive Evidence, Under Indian Evidence Act, 1872.

24 Oct 2024

The case arises from a motor accident claim filed by Dnyaneshwar Mangesh Bagkar (claimant) against the Union of India (appellant) as owner of the offe...

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