Evidence Act, 1872, Section 17 -- Admission - Recovery suit - Defendant has categorically and specifically admitted in his evidence that he used to put his signatures on plaintiff's Bahi after accounting and accepting entries therein to be correct - In view of unambiguous admission of defendant, entries reflecting payments due from defendant stood proved - Thus, in view of..........
Negotiable Instruments Act, 1881, Section 138, 118, Evidence Act, 1872, Section 34 -- Dishonour of cheque - Loan by Commission Agent - Bahi entries - Such entry not negotiable instrument - Entries alone not sufficient to charge a person with liability as entries in the ledger/bahi entries are not per se admissible - Complainant being commission agent was in a dominating..........
Civil Procedure Code, 1908, Order 7, Rule 17, Civil Procedure Code, 1908, Order 18 -- Rokar Bahi - Instant case falls within miscarriage of justice as original of rokar bahi entries have not been proved on record in accordance with law, in essence, mere exhibition of document does not dispense with proof of same - Even respondent has failed to prove signatures of appellant..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 34 -- Dishonour of cheque - Loan - Bahi entries - Account books/bahi entries are not instruments of advancement of loan like pronote, bonds, or Bill of exchange etc. which can legally be enforced, as recognized under the N.I Act - Entries in account books are only relevant u/s 34 of Evidence Act,..........
Evidence Act, 1872, Section 34 -- Bahi entries - Recovery suit - Bahi entries in `Lande' script which is neither known to plaintiff or to defendant - Munim not examined - Bahi entries signed by defendant - Voucher signed by defendant which is an acknowledgement of amount due as on 31.03.2004 - Having appended their signatures on various entries as also voucher, defendants..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 34 -- Dishonour of cheque - Legally enforceable debt - Loan - Bahi entries - Loan for agricultural purposes was allegedly advanced by complainant to accused and it was stated to have been entered in Bahi - Bahi entries are not negotiable instruments of advancement of loan like pronote, bonds and..........
Evidence Act, 1872, Section 34 -- Bahi entries - An entry in Bahi khata merely is an admission by its maker in his own favour and it is only admissible in evidence if it is accepted by opposite side and not otherwise...........
Evidence Act, 1872, Section 34 -- Bahi entries - Where books produced in a case are merely ledgers and not supported by any day book or roznama, do not contain entries of transactions and there is no daily opening or closing balance, the same are meaningless - Such entries cannot be taken as account book regularly kept in the course of business as provided u/s 34 of Act...........
Bahi entries -- Cannot be said to be proved merely from the statement of the proprietor of the firm - Mere marking of an exhibit does not dispense with proof of document as name of author of such entries neither forthcoming nor examined in support of such bahi entries and still more so when corroborative evidence was not forthcoming in the nature of income tax returns..........
Bahi entries -- Even though entries in the books of accounts regularly kept in the course of business are relevant but mere production and proof of these entries would not by themselves be seen to charge any person with liability and there has to be some independent evidence to prove the transaction...........
