Indian Penal Code, 1860, Section 420 -- Cheating - Accused manipulated mark sheet by one `B' by erasing his name and overwriting his own name - He also forged appointment order under false seal and signature and obtained appointment as teacher on pretext of being a handicapped person - Orders produced by accused regarding his appointment were never issued from his office -..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Signature on cheque not denied by accused - It is to be presumed that cheque in question was drawn for consideration and the holder of cheque i.e. complainant received the same in discharge of an existing debt - Onus, shifts on accused to establish a probable defence so as to..........
Criminal Procedure Code, 1973, Section 482, Information Technology Act, 2000, Section 71 -- Quashing of proceedings - Offence u/s 71 IT Act - In order to attract S.71 of IT Act, there should be an allegation that petitioner had made any representation or suppressed any fact from Controller or Certifying Authority for obtaining any licence or digital signature certificate -..........
Will -- Suspicious circumstance - Marginal witnesses - There is no mention of original purported Will in statement of either of witnesses - They deposed only about attesting copy of a purported Will - Marginal witness/PW3 categorically stated that she had not appended her signature on any paper except two pages of Will - Subsequent deposition made by them later on that..........
Will -- Execution - Proof - It is execution of Will which is to be proved and not the contents of it - Evidence of attesting witness who stated that he put his signature at the instance of scribe and did not read the contents of Will cannot be disbelieved. (Evidence Act, 1872, S.68)...........
Will -- Proof of - Execution of Will proved by one of attesting witness to Will - Will was signed by testator in a sound and disposing state of mind - Testator put his signature to document of his own free will - Respondent who was the only contesting party also accepted the execution of Will - Will held, proved on record - Petitioner entitled to Letter of administration..........
Negotiable Instruments Act, 1881, Section 4, 118, Civil Procedure Code, 1908, Order 7, Rule 2 -- Suit for recovery on basis of promissory note - Presumption - Default in payment of loan borrowed by promisor/defendant despite issuance of legal notice - Plea of promisor/defendant that promisee/plaintiff fail to mention loan amount in his income tax return thereby he fail to..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 10A -- Comparison of signatures sought during pendency of appeal - Contradictory statement in written statement - Signatures denied on agreement to sell but contradictory plea that he was ready and willing to execute sale deed - Held, once there is an admission of execution of agreement of sale by expressing that..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of summoning order - Cheque clearly bears signature of petitioner - Petitioner was not a Director at the time of signing of cheque or same is without consideration cannot be evaluated, appreciated or decided at this stage which requires recording of oral and documentary evidence which can be..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Original Will could not be produced before trial Court, as same was in the custody of Tehsildar - Reasoning of trial Court proceeds mainly on the basis of original Will not being produced and therefore, signature of testator could not be compared or authenticated - Original Will was..........
