Presumption - Year 2012 - Judgments

Mar 29 2012 (HC)

Muthukumaran Vs. Periyasamy.

Court: Chennai

Decided on: Mar-29-2012

..... is on the person who wants to rebut the presumption this presumption coupled with the object of chapter xvii of the ..... first respondent complainant would contend that if the presumption does not include a presumption regarding the existence of a legally enforceable ..... the learned counsel for the first respondent complainant the presumption contemplated in section 139 of the negotiable instruments act .....

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Jun 21 2012 (HC)

State of Himachal Pradesh Vs. Smt. Manju Rani and Others

Court: Himachal Pradesh

Decided on: Jun-21-2012

..... petitioner that the investigating agencies and the courts start with the presumptions that the accused persons are guilty and that the complainant ..... this is too wide and generalized a statement certain statutory presumptions are drawn which again are rebuttable it is to be ..... has chosen to sound a note of caution firstly the presumption is not mandatory it is only permissive as the employment .....

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Jun 22 2012 (HC)

Tata Motors Limited and anr. Vs. the State of West Bengal and ors.

Court: Kolkata

Decided on: Jun-22-2012

..... an acquisition statute like singur act cannot be cured by invoking the principles of presumption of constitutionality or by any principles of interpretation including purposive interpretation for the ..... west bengal industrial development corporation submitted that the court will first proceed with the presumption of constitutional validity of the statute a state act can be declared unconstitutional .....

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Jun 22 2012 (HC)

Tata Motors Limited and Others Vs. the State of West Bengal and Others

Court: Kolkata

Decided on: Jun-22-2012

..... an acquisition statute like singur act cannot be cured by invoking the principles of presumption of constitutionality or by any principles of interpretation including purposive interpretation for the ..... west bengal industrial development corporation submitted that the court will first proceed with the presumption of constitutional validity of the statute a state act can be declared unconstitutional .....

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Nov 30 2012 (SC)

Laxmi Dyechem. Vs. State of Gujarat.

Court: Supreme Court of India

Decided on: Nov-30-2012

..... proof is on the person who wants to rebut the presumption this presumption coupled with the object of chapter xvii of the act ..... is on the person who wants to rebut the presumption however this presumption coupled with the object of chapter xvii of the ..... existence of a legally enforceable debt or liability obviously statutory presumption under section 139 of the ni act regarding commission of the .....

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Jun 08 2012 (HC)

Kakumani Subba Rao Vs. Kakumani Venkateswarlu (Died) Per Lrs. and Anot ...

Court: Andhra Pradesh

Decided on: Jun-08-2012

..... family possessed enough income and nucleus to acquire plaint d schedule property and that a presumption therefore arises that plaint d schedule property is the joint family property unless the ..... narayanaswami v ramakrishna air 1965 sc 289the supreme court considered the circumstances in which the presumption would arise that the property is joint family property the supreme court further considered .....

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Jul 13 2012 (HC)

Khandavalli Amith Kumar Vs. State of A.P.

Court: Andhra Pradesh

Decided on: Jul-13-2012

..... drove her to commit suicide even otherwise while drawing the presumption under section 113 a of ipc also the prosecution is able to ..... for the accused in these provisions itself before raising a presumption for dowry death or holding the accused guilty of such offence because ..... there was cruelty or harassment and only in that case presumption operates and evidence in that regard has to be led by the .....

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Aug 22 2012 (HC)

M/S. Tropical Farms Vs. the Assistant Commissioner (Audit Assessment) ...

Court: Kerala

Decided on: Aug-22-2012

..... registration under section 6 5 of the kvat act as a presumptive dealer with liability to pay tax at lesser rate and the ..... observing that on verification of the application for registration as a presumptive tax dealer it was seen that the turnover of the dealer ..... object of legislation the very provision for having registered as a presumptive tax dealer with liability to satisfy the tax at the prescribed .....

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May 30 2012 (FN)

Assange Vs. the Swedish Prosecution Authority

Court: UK Supreme Court

Decided on: May-30-2012

..... with a simple choice between two possible interpretations of some specific statutory provision the presumption whereby the courts prefer that which avoids conflict between our domestic legislation and our ..... is of the legal procedure in the requesting state 206 while the common law presumption will therefore readily overcome apparent formal or procedural inconsistencies it does not exclude the .....

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Aug 01 2012 (HC)

Sardarsinh Laxmansinh Bariya Vs. State of Gujarat

Court: Gujarat

Decided on: Aug-01-2012

..... he has read further evidence of complainant and contended that the appellant has rebutted the presumption in his defence version and looking to the prosecution evidence the demand acceptance and the ..... leading cogent and convincing evidence and failed to discharge his burden of rebutting the statutory presumption of guilt drawn against him from the facts and evidence on record it is clearly .....

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