Showing : 171-180 of 379 Results

MADHYA PRADESH HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45-- Dishonour of cheque - Complaint - Application for sending documents for examination and opinion of handwriting expert - Rejection of - Held, it would amount to depriving accused of opportunity of rebutting presumption - Impugned order of rejection of application liable to be set aside...........
MADRAS HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Conviction - Validity - Petitioner filed a statement of accounts in order to prove that he did not have any money transactions with any of proxies of accused - Handwriting and ink in which name is written differs from handwriting and ink in which amount had been written in..........
DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45-- Dishonour of cheque - Comparison of signatures by an expert - In the case of denial of signature by the drawer of a cheque, the best witness would be the concerned Bank Manager and not a handwriting expert...........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Limitation Act, 1963, Section 17, Article 56-- Benefit of S.17 on basis of fraud - Availability - Only contention on behalf of plaintiffs in support of their case that suit is within the period of limitation, is that they came to know about forged signature on power of attorney from report of handwriting expert and therefore, from that day,..........
DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45-- Opinion of Expert - Dishonour of cheque - Denial of signature of drawer of a cheque - Held, best witness would be the concerned Bank Manager and not a handwriting expert...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 118-- Pronote - Presumption - Execution - Plea of defendant that Commission Agents had obtained his signatures on blank form of pronote-cum-register on the pretext of getting him bonus - Solitary statement of defendant in this regard cannot be accepted to substantiate the said version when plaintiff..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 16-- Agreement to sell - Suit for possession by way of specific performance - A bald assertion that agreement to sell had been made by plaintiff in connivance with defendant No.1 subsequent to execution of sale-deed in favour of defendant/appellants - No evidence was led towards substantiating..........
KERALA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45-- Dishonour of cheque - Conviction - Sessions Judge set aside conviction and directed Magistrate to get an expert opinion regarding alleged alteration in cheques - Accused persons had filed petition to send cheques for opinion of handwriting expert which was disallowed by Magistrate - High Court..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Evidence Act, 1872, Section 73, 45-- Comparison of signatures - Sending documents for opinion of expert - S.73 enables Court to undertake exercise of comparison of signature, writing or seal without need for sending same to opinion of handwriting expert - S.45 does not cast an obligation on Courts to send a disputed document for..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2012
Details
Evidence Act, 1872, Section 34-- Bahi entries - Claim of plaintiff not based on bahi entries alone - Suit based on entries signed by defendant regarding receipt of various amounts - Proprietor of the firm and Accountant, who had authored the disputed bahi entries proved the entries bearing signatures of defendant and also proved..........

Showing : 171-180 of 379 Results