Showing : 191-200 of 379 Results

KARNATAKA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Contents of cheque in different handwriting - Signature on cheque reveal that it was not filled by accused - An inference could be drawn that either the cheque was blank or that some other person has filled in the contents of the cheque...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 18, Rule 3-- Rebuttal evidence - Examination of handwriting expert in rebuttal evidence - Execution of agreement denied - Onus to prove validity of agreement was on plaintiff - Held, plaintiff cannot be allowed to examine an expert in rebuttal evidence on an issue in which the onus of proof was on him - Order..........
MADHYA PRADESH HIGH COURT
Year of decision: 2011
Details
Evidence Act, 1872, Section 47, 67-- Handwriting - Proof of - Held, S.47 deals with the opinion as to handwriting, when relevant - Under this provision a person who is acquainted with handwriting of another person must be produced to prove handwriting of person by whom it is supposed to be written or signed - S.67 provides for proof..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Quashing of proceedings - Grievance about handwriting of cheque - No grievance in respect of signature on the cheque - No suggestion regarding said grievance preferred by accused at belated stage after recording statement of accused - Trial Court dismissed application for..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45, 73-- Dishonour of cheque - Opinion of handwriting expert - Application for - Petitioner is admitting signatures on cheque as his own - Dispute sought to be raised is with regard to handwriting pertaining to other contents only - Trial court rejected application on count that on acceptance of signatures..........
DELHI HIGH COURT
Year of decision: 2011
Details
Evidence Act, 1872, Section 73, Criminal Procedure Code, 1973, Section 311A, Constitution of India, 1950, Article 20(3)-- Investigation - Handwriting of accused - Taking of - Police obtained handwriting of accused during investigation - Validity of - Held, S.73 of Evidence Act empowers taking of handwriting sample of any person during trial or inquiry - But it is settled law that obtaining of handwriting of accused..........
KERALA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 67-- Dishonour of cheque - Drawn - Proof - It is primarily proved by examining the person who executed or created the document by writing and signing in the same - When such examination is not possible, execution can be proved by examining a person who saw the document being written and signed - In the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Agreement to sell-- Suit for specific performance - Plea of taking loan and signing some blank papers - No such plea taken in reply to the notice served by plaintiff prior to filing of suit - A bare perusal of the photostat copy of the agreement does not reveal that signatures of defendant were obtained on blank..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Evidence Act, 1872, Section 32-- Dying declaration - Not recorded by SDM in his own handwriting - Note appended thereto that it was recorded by SDM himself false - No certificate from doctor that deceased was in a fit mental condition to make statement - Contradiction in dying declaration and testimony of witnesses - Dying..........
DELHI HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Blank cheque - Held, there is no law that a person drawing cheque has to necessarily fill it up in his own handwriting - Petitioner has not denied his signatures on the cheque - Once he has admitted his signatures on cheque he cannot escape his liability on the ground that..........

Showing : 191-200 of 379 Results