Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Signature on cheque alleged to be forged - Accused can procure certified copy of his specimen signatures from the Bank and request can be made to summon the concerned Bank Official in defence for giving evidence regarding the genuineness or otherwise of the signature on the cheque...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Signature on cheque alleged to be forged - Additional evidence at appellate stage - Comparison of signatures by handwriting expert - Despite having opportunity, accused did not put any question to the bank official examined in..........
Criminal Procedure Code, 1973, Section 233 -- Defence evidence - Court can refuse to summon defence witnesses on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice only...........
Criminal Procedure Code, 1973, Section 233 -- Defence evidence - Witnesses who are sought to be summoned were not examined as prosecution witnesses though they were witnesses of inquest - Order declining request of accused to summon defence witnesses suffers from legal flaw and is not sustainable...........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - PWs are not reliable witnesses and their testimony regarding recovery of tainted money from the floor bristles with infirmity - DW1 and accused on the other hand, established that trap team headed by PW12, had forcibly dragged accused by holding his hand and manhandled the house owner..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan - However, complainant faulted in cross-examination and admitted that accused was not known to her and they had no previous dealing - Defence taken by accused regarding misuse of cheque was substantiated by DW1 - On shifting the onus complainant miserably failed to produce evidence with..........
Matrimonial dispute -- Speedy disposal of cases relating to marriage and family affairs within a time frame - Guidelines issued for strict observance by all Family Courts in Delhi, till such time rules are formulated by State Government in consultation with High Court of Delhi Viz. (A) Issue of Summons: When a suit has been duly instituted, a summons may be issued to..........
Negotiable Instruments Act, 1881, Section 138, 143, 145 -- Dishonour of cheque - An accused who considers that he has a tenable defence and the case against him was not maintainable, he can enter his plea on the very first day of his appearance and file an affidavit in his defence evidence and if he is so advised, he can also file an application for recalling any of the..........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - If there is an application u/s 145(2) of N.I. Act for recalling a witness of complainant, Court shall decide the same, otherwise, it shall proceed to take defence evidence on record and allow cross examination of defence witnesses by complainant...........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of informant/PW1 was not reliable and could not have formed basis of conviction - PW1 was influenced by Sarpanch whose active participation in proceedings subsequent to incident cannot be ruled out - Medical evidence did not support the prosecution case, as weapon of assault could not have caused injury on deceased..........
