Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Sending cheque to handwriting expert - Absence of plea either by complainant or accused that accused made entries in the cheque - Accused admitted signature in the cheque - When accused admits signature in the cheque, it is immaterial whether some other person had made..........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Accused did not disputed his signature in cheque except that it was issued as blank to one person - However, defence case was not probabilised in any convincing manner - Even no rebuttal evidence was adduced by accused - Complainant proved that cheque was issued in discharge of a legally enforceable..........
Maharashtra Rent Control Act, 2000, Section 43(4)(a) -- Rent and eviction - Application for leave to defend filed by advocate - Tenant not filed affidavit within the mandatory period of 30 days u/s 43(4)(a) of the Act - However, application filed by counsel for tenant under his own signature within 30 days of service of summons - Advocate cannot initiate proceedings on..........
Indian Penal Code, 1860, Section 302, 34, 201, Evidence Act, 1872, Section 27 -- Murder - Circumstantial evidence - Recovery of watch - Confession - Watch in question belonged to PW12 which was with deceased when he left home - Owner of shop/PW4 stated that accused gave a watch for repairing - He was shown receipt given to accused which was seized from custody of accused -..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte divorce decree - Setting aside - Condonation of delay - Notice sent by registered post and no notice was issued to be served personally - Action of Family Court in dispensing with personal service impliedly without passing any order justifying it, cannot be countenanced..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Security cheque - Once accused admits issuance of cheque which bears his signature, there is presumption that there exists a legally enforceable debt or liability - However, such presumption is rebuttable and accused is required to lead evidence to rebut such presumption - Accused is required to..........
Evidence Act, 1872, Section 35 -- School leaving certificate stated to be signed by father - Proof - Person who recorded date of birth in the School Register or the person who proves the signature of his father in the school Transfer Certificate not examined - No evidence to show that entry of date of birth was made by the official i, charge, which alone would make it..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Evidence on record establish issuance of cheque by accused to complainant for loan transaction - Even, accused not disputed his signature on cheque - Moreover, contention of accused that complainant illegally taken away his brief case containing cheque books and signed papers raises genuine doubt in..........
Will -- Execution - Proof - It is incumbent on attesting witness while appearing in Court and tendering his affidavit by way of examinatio, i, chief in evidence, identify the signature of the executant and signatures of himself and other witnesses on the document, without which a document as Will is not proved...........
Evidence Act, 1872, Section 67 -- Document - Proof of - If a document is signed by any person then sign must be proved - To prove sign, witness has to identify signature on document...........
