Recovery suit -- Defendant was set ex parte - Only defence raised by defendant in written statement was that document admitting outstanding amount was not executed by an authorised person - However, apart from said document plaintiff has placed on record relevant invoices - Ledger statement relating to defendant shows a closing balance of Rs.2,21,40,895 - Memorandum of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compensation - Fact regarding delivery of goods under two invoices and issuance of two cheques is proved directly and also proved by corresponding ledger entries - Payment of Rs.7 lakhs towards part payment of goods sold under said two invoices is an undisputed fact - Defence taken by accused that goods..........
Limitation Act, 1963, Section 19 -- Acknowledgement of debt - Self serving adjustment of account in the ledger maintained by plaintiff cannot be considered as an acknowledgement, particularly when it is admitted that no payment as such was received from defendant towards debt or liability as per ledger account...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Cheque was issued as a security therefore no liability u/s 138 of the Act can be fastened upon respondent - No witness was examined to verify authenticity of ledger statement - Entries in books by themselves are not sufficient enough to charge any person with liability - Moreover,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Signature on cheque and trade relationship between complainant and accused is admitted by accused - Ledger accounts extract maintained in the course of business proves debt payable by accused to complainant - Accused rightly convicted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Accused took the defence that loan was repaid - Complainant failed to prove that there was outstanding amount and no account books, ledger account or statement of loan was produced - Complainant failed to discharge onus cast upon him that cheque was issued for discharge of debt or..........
Bank locker -- Proper procedure for operating and allotting lockers be followed, viz. (a) maintenance of a locker register and locker key register; (b) Locker register shall be consistently updated in case of any change in allotment; (c) Bank shall notify the original locker holder prior to any changes in the allotment of the locker, and give them reasonable opportunity..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Complainant produced and proved promissory note which was executed by accused at the time of borrowing amount - He also produced ledger and day book to prove original transaction - Plea of accused was that complainant had misused cheque and filed the case - However, no evidence was..........
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302, 120B -- Disclosure statement - Recovery of torn page of bahi and ledger - Murder - Dispute regarding some money transaction - Alleged bahi was never produced to prove the provonance of torn piece of blank paper containing signatures of deceased - Similarity of ink on said torn piece of paper and ledger..........
Evidence Act, 1872, Section 114 -- Promissory note - Plaintiff alleges that defendant borrowed loan amount under two promissory notes from PW2, who is partner of finance companies - Non-production of personal ledger and personal cash book of plaintiff, is fatal to facts of case - Adverse inference thus, drawn against plaintiff u/s 114 of Evidence Act - Defendant rebutted..........
