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..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Quashing of complaint - Cheque in question issued under signature of A-7 on behalf of Company/A-1 - A-7 is handling all financial business of Company - No averment in complaint against Directors A-2 to A-6, A-8, A-9 that they are involved in day to day affairs of Company and..........
Agreement to sell -- Specific performance - Defendant executed power of attorney in favour of one person who is related to plaintiff - Power of attorney holder in collusion with plaintiff prepared a fictitious agreement which did not bear signature of defendant - Plaintiffs miserably failed to prove how time was not essence of agreement - Defendants not entitled to sell..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Service of summons - Summons duly served - Burden is on defendant to prove that summons in fact does not contain his signature or that it bears his forged signatures - It was the burden of defendant to lead positive evidence to prove that summon does not bear his signature like, producing..........
Criminal Procedure Code, 1973, Section 190, 227 -- Cognizance of offence - Order setting aside discharge of accused - Loan transaction between two sisters and civil suit for specific performance was pending - Petitioner is neither a signatory to documents nor he is a witness - Allegation of forging signature stand disapproved by FSL report - No offence whatsoever is made..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan - Expert opinion that signature on cheque do not tally with specimen signatures - Court examined disputed signatures with other signatures of accused on various documents on record and found alleged signatures entirely different - Complaint collapses on this short ground - Complaint..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Unregistered partition deed - Said document can be relied on only for collateral purpose - In present case, plaintiff failed to prove possession over suit land, thus, said partition deed could not be used for collateral purposes - More so, plaintiff also failed to..........
Evidence Act, 1872, Section 45, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Expert opinion - Eviction petition - Application filed by petitioner to give his specimen signatures for purpose of getting it compared from fingerprints expert dismissed - Petitioner has raised a categoric plea that he signs in English and does not sign in Punjabi - Once petitioner..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting expert to prove that cheque does not bear signature of accused and that contents of cheque have not been filled by him - Permission granted to petitioner to examine private handwriting expert at his own cost - Application allowed...........
