Indian Penal Code, 1860, Section 406 -- Misappropriation of stridhan - Description of ornaments given at the time of marriage hand written - No signature of a witness on it - Not clear as to who prepared this list and who has hand written the ornaments described in the list - List not duly proved as per provisions of Evidence Act - There is no cogent and sufficient..........
Service -- Banking service - Misconduct - Dismissal - Respondent being employed in a Bank as a clerk-cum-cashier, fraudulently and dishonestly opened savings account in joint names of himself and his sister-in-law by forging her signatures and encashed a demand draft issued in favour of his sister-in-law - Inquiry officer opined while observing admitted signatures in..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Signature on cheque not denied - There is thus, presumption in favour of complainant - Suggestion that cheque was issued not to the complainant, when denied, needs some corroborating evidence and without that presumption is not rebutted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Issuance of cheque and signature of accused in cheques are not in dispute - Cheques came to be issued on account of cancellation of sale agreement and therefore, initial burden is discharged by complainant by placing necessary oral and documentary evidence on record - Trend to cross..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - When once signature on cheque is admitted, presumption u/ss 139, 118 of the Act comes into play and such presumption has not been rebutted by any legally tenable defence - Conviction upheld...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant enjoys presumption available to him u/s 118 & 139 of the Act as per issuance of cheque and signature found on the cheque - In order to rebut presumption, in evidence of accused there is no cogent and convincing evidence on record to rebut presumption available to complainant - Trial Court..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Statement of accused clearly reveals that he has not denied issuance of cheque and his signature thereupon, rather, his simple defence is that cheque in question was issued to one `R', his son-in-law, who was to further hand over cheque to someone from whom he had taken Rs.25,000/- - There..........
Will -- Suspicious circumstance - Signatures of testator on documents on record totally dissimilar to signatures on Will - This fact raises a suspicion in the mind of Court as to whether signature on Will was really that of testator - Will held, surrounded by suspicious circumstance...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Appeal against acquittal - Accused has taken specific defence that signature found on the cheque does not belong to her and she has not at all received sum of Rs.7 lakhs from complainant - Even, cheque was dishonoured for the reason that `drawers signature..........
Criminal Procedure Code, 1973, Section 311, Negotiable Instruments Act, 1881, Section 138 -- Examination of handwriting expert - Dishonour of cheque - If the handwriting expert gives his opinion beyond the scope, said evidence cannot be shut out in case it pertains to relevant aspect of matter particularly as regards the signature of accused - Application rightly allowed...........