Search Results for "Statutory presumption"

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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...

High Court

High Court Dismisses Writ Petition Challenging Land Consolidation Scheme Orders -- Petitioner's 38-Year Delayed Application for Rectification Rejected -- State Minister's Order Upheld

4 Feb 2026

The petitioner challenged orders dated 09 July 2015 and 15 July 2014 related to a land consolidation scheme implemented in 1974 -- The petitioner clai...

High Court

High Court of Karnataka Allows Writ Petition by Senior Citizen for Annulment of Gift Deed Under Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Court holds that express recital in gift deed is not mandatory for invoking Section 23(1) and condition of maintenance can be inferred from circumstances, quashing concurrent tribunal orders as perverse.

2 Feb 2026

The dispute involved a writ petition filed by an 84-year-old senior citizen under Article 227 of the Constitution of India, challenging concurrent ord...

High Court

High Court partly allowed Revision Petition in Cheque Dishonour Case -- Conviction Under Section 138 of Negotiable Instruments Act Upheld However order for imposition of cost set aside -- Petitioner Challenge to Conviction and Sentence Fails

27 Jan 2026

The High Court dismissed a criminal revision petition challenging conviction under Section 138 of Negotiable Instruments Act -- The petitioner was con...

Supreme Court

Supreme Court Acquits Accused in Cheque Dishonour Case Due to Successful Rebuttal of Presumptions and Unjustified Appellate Interference. The Court held that the accused raised a probable defence under Sections 118(a) and 139 of the Negotiable Instruments Act, 1881, and the High Court erred in overturning the Trial Court's acquittal as the findings were not perverse.

22 Apr 2025

The appeal arose from a cheque dishonour case under Section 138 of the Negotiable Instruments Act, 1881. The complainant alleged lending Rs. 20,00,000...

Supreme Court

Supreme Court Reinstates Conviction in Cheque Dishonour Case, Modifies Sentence to Fine. Presumption Under Section 139 NI Act Favours Complainant Unless Rebutted by Probable Defence – High Court’s Acquittal Overturned

2 Apr 2025

Presumption of Legally Enforceable Debt (Sections 118 & 139 NI Act): The Supreme Court reiterated that once the complainant proves the cheque...

Supreme Court

Supreme Court upheld the summoning of additional accused post-trial conclusion, emphasizing the High Court’s revisional powers and the necessity of fresh trials to ensure justice.

6 Mar 2025

Criminal Procedure Code, 1973 — Section 319 — Summoning of Additional Accused Post-Trial Conclusion Held Valid — Reiteration of Revi...

Supreme Court

Supreme Court Quashed Criminal Defamation Proceedings Against Editorial Director and Journalists for Non-Compliance with Section 202 CrPC

18 Feb 2025

Issuance of Summons Without Mandatory Inquiry Under Section 202 Code of Criminal Procedure, 1973 (CrPC) Held Vitiated – No Presumption Against Edito...

High Court

Acquittal in a Sensitive POCSO Case: Evidence and Procedure Questioned. Presumption under POCSO rebutted due to foundational gaps in evidence.

26 Nov 2024

1. Background: The appellant, Sikandar Somsingh Chavhan, was convicted for rape under Section 376(2)(l) IPC and Sections 3, 4, 5(k), and 6 of the POC...

Supreme Court

Kidnapping Case Falls Apart: Court Acquits Accused Due to Procedural Flaws and Insufficient Evidence. A detailed examination of a kidnapping case reveals significant investigation lapses, leading to the acquittal of the accused and raising concerns about the integrity of the prosecution.

9 Jul 2024

A kidnapping case involving Sachin Garg and the subsequent legal proceedings. The key issues highlighted include procedural flaws, inconsistencies in ...

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