Showing : 1-10 of 68 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Legally enforceable debt - Presumption - Signature on cheque not disputed - Plea that cheque issued in the name of Firm was removed from his office table not convincing nor the same is supported by any evidence - Statutory presumption not satisfactorily rebutted - Accused..........
MADRAS HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Loan - Cheque issued - Nothing taken in writing as accused was known to complainant and had also earlier taken loan and returned the same - Signature on cheque not disputed - In statement u/s 313 Cr.P.C. accused has not given any satisfactory expalanton as to how cheque..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Evidence Act, 1872, Section 45-- Expert opinion - Disputed signatures - Comparison of signatures with signatures which were subsequent to the filing of suit except one signature on a written statement in a prior suit - Not a valid basis of comparison - It casts a serious doubt on the reliability of entire report - Report..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Friendly loan - Expert opinion that signature on cheque do not tally with specimen signatures - Court examined disputed signatures with other signatures of accused on various documents on record and found alleged signatures entirely different - Complaint collapses on this..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 45-- Disputed signatures - Comparison - A disputed signature cannot be compared with another disputed signature...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 73-- Comparison of handwriting - Court is entitled to make comparison of disputed and admitted signature for just conclusion but as a rule of prudence expert opinion can be obtained and also that Court can instruct a party to submit his writing or signature, enabling Court to compare and decide a case...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 73-- Comparison of signature - Courts to take assistance of experts - S.73 of the Evidence Act does not bar the judge from ultimately deciding whether the signatures are forged or not - Still as a rule of prudence in disputed cases, it is always desirable that Court should secure opinion of quality..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45-- Dishonour of cheque - Disputed signatures - Opinion of handwriting expert - Application filed when case was fixed for recording statement of accused u/s 313 Cr.P.C. - Cheque in question was not returned on account of dissimilarity in signature of accused - Accused did not file any complaint..........
KARNATAKA HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 73-- Dishonour of cheque - Comparison of signatures - It is discretion of Court either to refer disputed signature to expert or to compare signature by itself u/s 73 of Evidence Act...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 20-- Dishonour of cheque - Sending cheque to FSL to ascertain writing on the cheque - Plea of signing blank cheque - Signatures not disputed - If signature on cheque not disputed then filling of instrument by other person is of no consequence - Cheque not required to be sent to FSL - Cheque can be..........

Showing : 1-10 of 68 Results