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...
High Court of Karnataka Allows Revision Petition in Private Complaint Case — T...

Search Results for "rebuttable presumption"

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Supreme Court

Supreme Court Clarifies Legal Insanity Defence Under Section 84 IPC and Burden of Proof Under Section 105 Evidence Act. The court held that insanity must be legal, not medical, to exempt from criminal liability, with the accused bearing the burden of proof on a preponderance of probabilities standard.

12 Jan 2023

The judgment involved an appeal where the appellant raised the plea of insanity under Section 84 of the Indian Penal Code, 1860, seeking reversal of a...

Supreme Court

Supreme Court Dismisses Appeal in Dishonored Cheque Case Under Negotiable Instruments Act, 1881. The court upheld the conviction under Section 138 as the appellant failed to rebut the presumption under Section 139 by establishing a probable defence, despite examining bank officers to challenge the complainant's financial capacity.

7 Mar 2022

The dispute arose from a complaint under Section 138 of the Negotiable Instruments Act, 1881, where the respondent alleged that the appellant issued a...

High Court

High Court of Karnataka Dismisses Revision Petition in Cheque Bounce Case — Conviction and Fine of Rs.1.80 Crore Upheld. Dishonour of Cheque for Rs.90 Lakhs Issued Towards Repayment of Loan — Presumption Under Section 139 of Negotiable Instruments Act, 1881 Not Rebutted by Accused.

13 Sep 2019

The case involves a criminal revision petition filed by the accused (Maxworth Realty India Ltd. and its Chairman & Managing Director K. Kesava) challe...

High Court

High Court of Karnataka Allows Appeal in Cheque Dishonour Case, Reverses Acquittal. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands unless accused rebuts with probable defence.

7 Aug 2019

The appellant/complainant filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment of acquittal ...

Supreme Court

Supreme Court Allows Appeal Against High Court's Interference with Concurrent Findings of Fact in Partition Suit. The Court held that the presumption under Section 45 of the Transfer of Property Act, 1882, was rebutted by evidence of non-contribution and long silence, and the High Court erred in reversing concurrent findings without perversity.

26 Jul 2019

The Supreme Court allowed the appeal filed by the original defendants against the High Court's order in a second appeal that had reversed concurrent f...

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 Upholds Conviction of Accused in Cheque Bounce Case Under Section 138 NI Act — Presumption of Legally Enforceable Debt Not Rebutted. Accused Failed to Prove That Cheque Was Not Issued for Discharge of Any Debt or Liability, Leading to Confirmation of Concurrent Sentence of Six Months.

24 Feb 2014

The case arises from a criminal revision application filed by the accused, Krishna Gudi, against the judgment and order of the Additional Sessions Jud...

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...

High Court

Bombay High Court Dismisses Legal Representatives' Petition Against Eviction Decree for Subletting Without Consent. Subletting of Tenanted Premises Without Landlord's Consent Constitutes Unauthorized Transfer Under Section 15 of the Maharashtra Rent Control Act, 1999.

26 Jul 2005

The petitioners, legal representatives of the original tenant Vatsala Krishna Jadhav, challenged the eviction decree passed against them by the courts...

High Court

Bombay High Court Dismisses Criminal Applications Challenging Magistrate's Orders in Private Complaint Cases — Reiterates Limited Scope of Revision Against Interlocutory Orders Under Section 397 CrPC. Order Issuing Process Under Section 204 CrPC is Interlocutory and Not Subject to Revision.

30 Nov -0001

The judgment involves multiple criminal applications filed before the Bombay High Court challenging orders passed by Magistrates issuing process again...

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