Showing : 31-40 of 68 Results

MADRAS HIGH COURT
Year of decision: 2011
Details
Evidence Act, 1872, Section 73, Evidence Act, 1872, Section 73-- Disputed signatures - Comparison by Court - Comparison of disputed signatures with post litem motem signatures in the Vakalat and deposition without comparison on any contemporaneous admitted signatures or admitted anti litem motem signature - Ex facie and prima facie untenable...........
MADHYA PRADESH HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Expert opinion - Sending cheque to Handwriting expert for examination - Need for - Signature on disputed cheque admitted by accused - Held, there is no need for sending disputed cheque for examination by handwriting expert concerning other part of cheque concerning date,..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Evidence Act, 1872, Section 45, Order 26, Rule 10-A-- Expert evidence - Recovery suit based on promissory note - Defendant branded promissory note as forged and fabricated document and specifically denied signature or thumb impression there on - Held, defendant should get opportunity to send document to hand writing expert for compassion of disputed..........
MADRAS HIGH COURT
Year of decision: 2010
Details
Evidence Act, 1872, Section 90-- Documents 30 years old - A document 30 years old prove itself - Proper custody is a condition precedent to the applicability of S.90 of the Act - Proper custody means custody of any individual connected with the deed that his possession of it does not excite any fraud or suspicion - An ancient..........
MADRAS HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 142, Evidence Act, 1872, Section 45-- Dishonour of cheque - Legally enforceable debt and liability - Presumption as to - Rebuttal thereof - Held, as per S.139 of the Act, it is burden of accused to rebut presumption as S.139 of the Act provides that once cheque contains signature of a particular accused, it has to be presumed to have..........
MADRAS HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption as to - Disputed cheque was issued by accused to complainant - Signature on cheque has also been admitted by him - In spite of that Judicial Magistrate has proceeded to say that complainant had miserably failed to produce related books of accounts which was..........
MADRAS HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Determination of age of ink used - Application for - Allegation of misuse of signed blank cheques - Application filed about 8 year of issuance of cheques in question for determination of age of signature and writings on the cheques - Disputed cheque admittedly signed by..........
MADRAS HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Sending cheque to handwriting expert for his opinion in respect of age and signature - Defence plea that cheque was issued in 1997 for purpose of security and accused has misused it by filling the same much later - Dismissal of application by trial Court raising a suspicion..........
MADRAS HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Application for examination of signatures on disputed cheque by handwriting expert filed by accused at stage of examination by defence - Cheque was returned by Bank for `insufficient funds' and not on ground `difference in signature' - Held, application filed at belated stage..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 294-- Documents - Genuineness not disputed - Evidentiary value - Held, S.294 Cr.P.C. enables that where genuineness of any document is not disputed, such document can be read in evidence in any inquiry, trial or other proceeding without proof of signature of person by whom it purports to be signed - To..........

Showing : 31-40 of 68 Results