Hindu Adoptions and Maintenance Act, 1956, Section 15, 16 -- Adoption deed - Presumption - No presumption can be raised u/s 15 of the Act, in absence of signature of natural father or mother of adoptee as was mandatorily required in terms of S.16 of the Act itself - Adoption deed not valid...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Neither accused denied his signature in the cheque nor denied receipt of legal notice - Had accused initiated insolvency proceedings or had accused been abducted and cheques forcibly obtained, he would issued a reply notice setting out these facts - Moreover, after perusing original cheque Court does..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - As per accused, he borrowed money from someone else and cheque was given to him and said person had handed over cheque to complainant for filing prosecution - However, neither signature are denied by accused in cheque nor accused replied to statutory demand notice that was issued by complainant - Though..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Burden of proof - When accused admitted his signature in cheques, burden is on him to prove that cheques were not issued for a `legally enforceable debt'...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(b) -- Recovery of 250 gms charas - Non-production of material exhibit in Court - Nor one of sample which might have been retained by I.O. brought up - In order to substantiate sample was prepared at the spot having signature of accused, seizure-list witnesses as well as informant should have been..........
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 rightly convicted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Recovery of 223 kg poppy straw - Seizure memo - Proof - Signature of accused - At no stage even a suggestion was put to the witness that either the signatures of the accused were taken by fraud, coercion or mis-representation or that the signatures were not of the accused or that they did not understand..........
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 executed and signed by him,..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - When signature on cheque has been admitted and it belongs to accounts of accused, then under such circumstances S.139 of the Act raises a presumption of law that cheque which has been duly drawn was given in discharge of debt or liability and burden shifts upon accused to rebut said..........
Evidence Act, 1872, Section 32, Criminal Procedure Code, 1973, Section 161 -- Statement u/s 161 Cr.P.C. as dying declaration - In a statement u/s 161 Cr.P.C. signature of witness are not to be affixed as it will make such a statement inadmissible u/s 161 Cr.P.C. - In the instant case condition of injured was serious and his blood pressure was not recordable - Without..........
