Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Cross-examination of complainant demonstrates that accused did not deny execution of cheque - He did not deny his transaction with complainant - Rather during his examination u/s 313 Cr.P.C. he stated that he had a business transaction with complainant for which he issued a blank cheque..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Certified copies of judgment and order of judicial Courts having material bearing on issues involved in the appeal - No additional evidence is required to be recorded to prove additional documents, as same are certified copies of judgments passed by Judicial Courts - Application..........
Indian Penal Code, 1860, Section 376, 376A, 376AB, 377, 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Rape and murder - Death sentence - Forensic report in respect of DNA match between incriminating articles recovered from scene of crime as well as at the instance of accused and blood sample of accused, not put to accused u/s 313 Cr.P.C..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Accused raised defence during cross examination of complainant, the foundation of which was not laid in the reply to legal notice served after dishonour of cheques - Moreover in this case accused chose not to examine himself - Defence witness not succeeded in rebutting the..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Burden is on accused to make out a probable defence - Accused need not step into witness box or adduce direct evidence - It would suffice if accused is in a position to create a reasonable doubt that version of complainant is false...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Complainant is holder of cheque in due course - Cheque belongs to accused is undisputed - Further signature on cheque is also not under dispute - Hence, initial presumption u/s 139 of the Act is in favour of complainant and it is a rebuttal presumption - Burden is on accused to rebut..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Earlier loan of Rs.40,000/- - Plea that cheque issued was one issued as security in the discharge of that liability and such cheque was misused by complainant to make it appear that there was a subsequent transaction - Accused successfully rebutted the presumption -..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Sought when suit was fixed for rebuttal evidence - Plaintiffs after availing more than 40 effective hearings to lead evidence and having failed to bring on record evidence to support their claim and when suit was fixed for rebuttal evidence and arguments had audacity to move application for additional..........
Hindu Marriage Act, 1955, Section 19, 13 -- Jurisdiction of Court - Divorce petition filed wife at the place where she was residing at the time of filing of petition - No rebuttal evidence came on record to contend that wife was not giving correct facts - Held, petition is maintainable before concerned Family Court...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff while closing evidence, did not reserve right to lead rebuttal evidence - He thus, not entitled to lead evidence in rebuttal - Application rightly dismissed...........