Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Rebuttal - Accused can either adduce independent evidence or rely on evidence tendered by complainant to rebut presumption...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Can be led only on those issues of which onus to prove was on defendant...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - One `R' was witness to the report of refusal of process server - `R' submitted his affidavit that he never signed on the report - Wife by her statement and other evidence proved that at the time of service of notice she was not living at the given address and no sufficient evidence in..........
Negotiable Instruments Act, 1881, Section 4, 118(a) -- Pronote - Signature of defendant on pronote established by handwriting expert - No contrary evidence led by defendant to disprove his signature on pronote - Even, execution of pronote established by plaintiff by examining deed writer - Non-examination of witness to pronote cannot be held against plaintiff - No rebuttal..........
Negotiable Instruments Act, 1881, Section 138, 139, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Presumption - Rebuttal - Presumption which arises on signing of cheque cannot be rebutted merely by report of a hand writing expert...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Request to reserve right of rebuttal evidence - If any party is desirous to produce evidence in rebuttal, if required so, then trial Court is required to allow that party to produce evidence in rebuttal in facts and circumstances of each case - Trial Court wrongly refused to reserve the right to produce..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting expert sought to be examined by accused in rebuttal on the plea that ink of signing the cheque and filling remaining particulars of cheque are different - Application dismissed on the ground that accused has admitted signing the cheque as such deposition of..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Examination of handwriting expert by an accused in evidence of rebuttal - When a contention is raised that complainant has misused the cheque by filling up the body of the same, even in a case where presumption can be raised u/ss 118(a) or 139 of the Act, an opportunity..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - To be confined only to those issues burden of which was upon the other party - In the instant case burden of proof on issue No.2 only was upon defendant - Trial Court order that affidavit filed in rebuttal by plaintiff be confined to the extent of issue No.2 only - Plaintiff in the garb of rebuttal..........
Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31, Indian Contract Act, 1872, Section 25, Evidence Act, 1872, Section 91, 92 -- Sale deed - Cancellation of sale deed - Sale deed alleged to be executed under coercion and threat and without receiving any consideration - In the sale deed, it is mentioned that sale consideration was received by..........
