Search Results for "presumption rebuttal"

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Bombay High Court Quashes Detention Order Under MPDA Act for Violation of Detenu's Right to Lead Oral Evidence Before Advisory Board. Failure to Inform Detenu of Right to Produce Witnesses Renders Detention Invalid.

The petitioner, wife of the detenu Vishal Salunke, challenged the detention order dated 9th August 2017 passed under Section 3 of the Maharashtra Prev...

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High Court of Bombay at Goa Dismisses Appeal Against Acquittal in Cheque Dishonour Case Due to Failure to Prove Legally Enforceable Debt. Complainant's inconsistent evidence and lack of financial capacity led to upholding of acquittal under Section 138 of Negotiable Instruments Act, 1881.

The appellant, Vikas Gopi Bhagat, filed a criminal appeal against the judgment and order of acquittal dated 28.5.2013 passed by the Judicial Magistrat...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Presumption under Sections 118(a) and 139 of Negotiable Instruments Act, 1881 not rebutted by accused.

The appellant, Dr. Kailash Charkha, was the original complainant in Summary Criminal Case 160 of 2004 before the Judicial Magistrate First Class, Wash...

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High Court of Karnataka Allows Appeal in Cheque Dishonour Case — Presumption Under Section 139 N.I. Act Not Rebutted. Complainant's Failure to Prove Financial Capacity Does Not Automatically Discharge Accused When Execution of Cheque is Admitted.

The appellant/complainant filed a criminal appeal under Section 378(4) Cr.P.C. challenging the judgment of acquittal dated 29.12.2010 passed by the XV...

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Supreme Court Restores Acquittal in Cheque Dishonour Case Due to Complainant's Failure to Prove Debt. High Court's Reversal Set Aside as Trial Court's Findings on Rebuttal of Presumption Were Plausible and Not Perverse.

The Supreme Court allowed the appeal filed by Rohitbhai Jivanlal Patel against the judgment of the Gujarat High Court, which had reversed his acquitta...

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Supreme Court Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal Based on Perverse Findings. Statutory Presumption Under Sections 118(a) and 139 of the Negotiable Instruments Act, 1881 Not Rebutted by Accused Despite Admission of Cheque Issuance.

The appellant, Uttam Ram, owned an apple orchard and supplied packing materials to apple growers, including respondent Devinder Singh Hudan. In Septem...