8 July 2024


Search Results for Tag : Presumption

Judgments

When findings recorded by Trial Court is based upon appreciation of evidence, High Court should not reverse Trial Court’s judgment(17.07.2018)

Present appeals arise out of the judgment passed by the High Court by which the High Court reversed the verdict of conviction passed by the trial Cour.....

Tags : Acquittal, Validity, Presumption

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If the acquittal is justified on a probable view taken by the trial court, it should not be interfered with(04.12.2018)

In instant Appeals, Court is concerned with the correctness of the judgment of the High Court of by which the judgment of the trial Court was set asid.....

Tags : Conviction, Presumption, Innocence

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A petition cannot be entertained on the basis of assumptions and presumptions(15.06.2020)

The Petitioners, by way of present writ petition, assail the result dated 14th May, 2020 and waiting list result dated 14th May, 2020, for the post of.....

Tags : Selection process, Leakage of paper, Presumption

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When signatures on cheques had been admitted, presumption would arise that, cheques had been issued towards some legally enforceable debt(17.10.2023)

The instant petition under Section 397 read with Section 401/482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed on behalf of petit.....

Tags : Cheques, Issuance, Presumption

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Fundamental burden is on complainant to prove existence of legally enforceable debt(11.06.2024)

The original complainant, who instituted proceeding under Section 138 of the Negotiable Instruments Act, 1881 (N.I. Act), is dissatisfied by the judgm.....

Tags : Presumption, Acquittal, Legality

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News

SC: Presumption 'Possession Follows Title' Arises Only Where No Definite Proof of Possession(28.08.2020)

Supreme Court has observed that the presumption based on the maxim 'possession follows title' that possession must be deemed to follow title, arises o.....

Tags : Supreme Court, Presumption 'Possession Follows Title'

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SC: Long Cohabitation Between Man & Woman Raises Strong Presumption in Favour of Their Marriage(14.06.2022)

Supreme Court has held that long cohabitation between a man and women raises a strong presumption in favour of their marriage. Although, the presumpti.....

Tags : Supreme Court, Marriage, Presumption

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J&K HC: Presumption of Guilt in POSCO Cases Would Come into Play in Pre-Trial Stage(29.12.2020)

Jammu and Kashmir High Court has held that the presumption of guilt against the accused under Section 29 of the Protection of Children from Sexual Off.....

Tags : Jammu and Kashmir High Court, Presumption of Guilt

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J&K&L HC: Presumption of Innocence U/S 3(i) of JJ Act Not Applicable to Adult Co-Accused(04.07.2022)

Jammu and Kashmir and Ladakh High Court has held that the presumption of innocence in favour of a juvenile under Section 3(i) of the Juvenile Justice .....

Tags : Jammu and Kashmir and Ladakh High Court, Juvenile Justice, Presumption of Innocence

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Tripura HC: Presumption of Service of Notice Applicable on Service of Demand Notice u/s 138 NI Act(23.11.2020)

Tripura High Court has held that once a demand notice, issued under the Negotiable Instruments Act, 1881 in case of dishonour of cheque is dispatched .....

Tags : Tripur High Court, Presumption of Service of Notice

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SC: Drawer Liable Even if Details of Cheque Was Filled Up by Some Other Person(29.08.2022)

Supreme Court has held that a drawer of a cheque is liable even if the details in the cheque have been filled up not by the drawer, but by some other......

Tags : Supreme Court, Cheque, Presumption

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Security cheques to be proved as given in discharge of legally enforceable debt(15.09.2015)

In a case involving arrest of the accused for dishonoured cheques, the Court allowed the accused’s petition. It noted the peculiar facts of the case a.....

Tags : Security, cheque, presumption, enforceable debt

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Rejection of policy must be made in a reasonable time in consonance with good faith standards(16.02.2018)

In facts of present case, the Appellant along with his wife and son obtained housing loan of Rs. 30,00,000 in the month of September, 2008 from the Re.....

Tags : Proposal, Acceptance, Presumption

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Allahabad HC: Can't Presume a Person to be Financially Stable Merely Because he Got Married(03.11.2022)

Allahabad High Court has held that marriage of an individual is no ground to deny him/her compassionate appointment as entering into marital relations.....

Tags : Allahabad High Court, Compassionate Appointment, Presumption

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Kerala HC: S.113B of Evidence Act Casts Reverse Burden on Accused to Disprove Prosecution Case(04.08.2022)

Kerala High Court has held that in dowry death cases, Section 113B of the Indian Evidence Act casts a reverse burden on the accused to disprove he pro.....

Tags : Kerala High Court, Dowry Death, Evidence, Presumption

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SC: Statement of Accused Not Substantive Evidence of Defence to Rebut Presumption u/s 139 NI Act(10.03.2021)

Supreme Court has stated that the statement of the accused recorded under Section 313 of the Code of Criminal Procedure, 1973 is not a substantive evi.....

Tags : Supreme Court, Evidence of Defence to Rebut Presumption u/s 139 NI Act

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Tripura HC: Conviction Only on Presumption Under POCSO Act Would Offend Articles 20(3), 21(05.04.2021)

Tripura High Court has held that the conviction of an accused only on the basis of presumption under sections 29 and 30 of the Protection of Children .....

Tags : Tripura High Court, Conviction Only on Presumption Under POCSO Act

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SC: Can’t Presume Will to be Genuine Merely Because It’s More Than 30 Years Old(16.03.2023)

Supreme Court while observing that wills can’t be proved only on basis of their age, has held that presumption under Section 90 as to the regularity o.....

Tags : Supreme Court, Wills, Evidence Act, Presumption

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SC: Mere Commission of Suicide Itself Not Sufficient to Raise Presumption U/S 113A Evidence Act(01.03.2023)

Supreme Court has held that mere fact of commission of suicide by itself would not be sufficient for the court to raise the presumption under Section .....

Tags : Supreme Court, Suicide, Evidence, Presumption

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Kerala HC: Presumption of Valid Marriage Leans Towards a Ceremonial Marriage(25.06.2021)

Kerala High Court has held that when there is evidence of long cohabitation of a man with two women simultaneously, one pursuant to a ceremonial marri.....

Tags : Kerala High Court, Presumption of Valid Marriage

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AHC: Mere Presumption of Situation on Hypothetical Criteria is not Proof of Probabilities(04.09.2019)

Allahabad High Court (AHC) has ruled that the disciplinary authority was erroneous in assuming a situation without supporting evidence and that the pr.....

Tags : AHC, Presumption

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Ker. HC: Can’t Extend Presumption U/S 114(a) IEA in Absence of Incriminating Circumstances(04.08.2023)

Kerala High Court has held that in case where there is absence of any incriminating circumstances, Court can’t extend the presumption under Section 11.....

Tags : Kerala High Court, Evidence, Presumption

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Telangana HC: Presumption u/s 139 NI Act is Unsustainable if Failure to Show Debt Transaction(13.09.2021)

Telangana High Court has observed that presumption under Section 139 of the Negotiable Instruments Act, 1881 is unsustainable if there is a failure to.....

Tags : Telangana High Court, Presumption u/s 139 NI Act

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Telangana HC: Presumption in Favour of Cheque Holder was Unsustainable in Absence of Evidence(14.09.2021)

Telangana High Court held that the presumption in favour of Cheque Holder was unsustainable in absence of corroborative evidence regarding debt transa.....

Tags : Telangana High Court, Presumption in Favour of Cheque Holder

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Del. HC: Courts Can’t Make Presumptions Based on Gender(06.09.2023)

Delhi High Court while observing that presumptions based on gender have no place within framework of law, unless provided by the statute, has held tha.....

Tags : Delhi High Court, Presumptions, Gender

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SC: Presumption in Favour of the Wedlock if the Partners Lived Together for a Long Spell(21.08.2023)

Supreme Court while placing on reliance on judgment in Badri Prasad v. Dy. Director of Consolidation (MANU/SC/0004/1978), has held that law infers pre.....

Tags : Supreme Court, Marriage, Wedlock, Presumption

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SC: Once Accused Adduced evidence, Presumption u/s 139 NI Act doesn’t come to Rescue of Complainant(10.10.2023)

Supreme Court has held that once accused adduces evidence to the satisfaction of Court that there exists no debt/liability as pleaded by the complaina.....

Tags : Supreme Court, Presumption, Evidence

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SC: Rebuttal of Presumption u/s 139 NI Act Can Only be Done After Adducing Evidence(24.02.2020)

Supreme Court has observed that the rebuttal of presumption available under Section 139 of the Negotiable Instruments Act, 1881 can only be done after.....

Tags : Supreme Court, Rebuttal of Presumption u/s 139 NI Act

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Kerala High Court: Presumption Under Section 139 NI Act, 1881 Applies to Guarantor Cheques Also(09.01.2020)

Kerala High Court has held that the presumption under Section 139 of Negotiable Instruments Act, 1881(NI Act, 1881) applies even to a cheque issued by.....

Tags : Kerala High Court, Presumption

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Del. HC: Can’t Sustain Clandestine Removal and Under Valuation Based on Assumptions and Presumptions(15.03.2024)

Delhi High Court has held that charges of clandestine removal and undervaluation in the absence of direct, credible evidence cannot be sustained merel.....

Tags : Delhi High Court, Under Valuation, Assumptions, Presumptions

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SC: Acceptance of Bribe Presumed If Accused Fails To Give Explanation For Possessing Money(19.07.2018)

SC has observed that once the prosecution has established that the accused was possessing the bribe money, it is for the accused to explain that how t.....

Tags : Supreme court, presumption of acceptance, Bribe

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ITAT, Delhi: Non-Appearance Before Authorities to Imply Assessee Has Nothing to Rebut(04.04.2022)

Income Tax Appellate Tribunal Delhi has observed that the income tax proceedings are attached with the presumption of truth and the non-appearance bef.....

Tags : Income Tax Appellate Tribunal, income tax proceedings, presumption of truth, rebut

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ITAT, Bangalore: Assessment Cannot be Based on Presumptions U/S Section 153C of IT Act(09.05.2022)

Income Tax Appellate Tribunal, Bangalore while considering the directions from the Karnataka High Court has ruled that the assessment under Section 15.....

Tags : Income Tax Appellate Tribunal, assessment, Section 153C, presumption

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Supreme Court: Presumption of Non-Application of Mind if Bail Order Lacks Reasons(12.07.2024)

Supreme Court has held that where an order refusing or granting bail does not furnish the reasons that inform the decision, there is a presumption of .....

Tags : Supreme Court, Bail Order, Presumption

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