Will -- Sole surviving attesting witness not examined being won over by the other side - A party cannot decide that witness is won over by the other side - A duty is cast upon the party to produce such a witness in Court and only thereafter Court could find out as to whether witness is speaking truth or not - Held, when there is failure to produce the only attesting..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Mere proof of signature on cheque is not proof of its execution - In the absence of any positive evidence regarding the execution of the cheque by accused, it is to be held that the accused had issued only blank cheque and the same was not executed by him - Simply because the cheque contained the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque theory - `Drawn' - Has to be understood as execution - Putting signature on the blank cheque is not equivalent to the word `drawn' - Word `Drawn' in the provision has to be understood as `execution' of cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Presumption - Execution and issue of cheque has to be proved to draw the presumption - When execution itself is not proved, presumption u/s 139 of the Act is not available - Admission of signatures on cheque goes a long way to prove due execution - Possession of cheque by the complainant similarly goes..........
Negotiable Instruments Act, 1881, Section 139, 138 -- Dishonour of cheque - Court is not bound to adjudicate on the liability under the cheque in dispute - However, when execution of cheque itself is disputed and not proved, Court has to consider original transaction for arriving at a safe conclusion...........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction to protect possession - Plaintiff claiming to be in possession as tenant - Tenancy denied - Payment of rent - Mere payment of rent does not create tenancy - However, when execution of receipts is accepted then it is for the owner to explain why money was accepted and agreed to be adjusted towards..........
Criminal Procedure Code, 1973, Section 427 -- Consecutive or concurrent execution of sentences - Guidelines or directions governing the mode, method or principle where discretion for consecutive or concurrent execution of sentences are to be made - In case accused is a habitual offender and is found guilty on various counts and it is suspected that he would be a menace to..........
Criminal Procedure Code, 1973, Section 427 -- Consecutive or concurrent execution of sentences - Discretion to make the sentences to run consecutively or concurrently would be governed by different consideration, like facts of each case, nature and character of the offences, criminal history sheet and record of offender, his age, sex - These considerations are relevant but..........
Criminal Procedure Code, 1973, Section 427 -- Consecutive or concurrent execution of sentences - Guidelines or directions governing the mode, method or principle where direction for consecutive or concurrent execution of sentences are to be made - There are no set guidelines, principles which would govern the exercise of discretion u/s 427(1) Cr.P.C. - It is judicial..........
Criminal Procedure Code, 1973, Section 427 -- Consecutive or concurrent execution of sentences - Normal rule is that sentences to run consecutively - However, it is discretion of Court to order sentence to run concurrently - In case trial Court does not issue a direction to run sentence concurrently and appeal or revision is also decided then it is not open for a person to..........
