Agreement to sell -- Proof - Little bit different spacing of last four lines - Nothing important written in those last four lines - On careful examination of agreement to sell, it does not appear that blank thumb impression and signed papers have been used for drafting agreement to sell...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption as to - Cheque in question and signatures upon it not disputed by accused - However, defence of accused is that PW1 and others came to his house and criminally intimidated his mother and taken a blank cheques, which was later on misused by complainant - No reason given by accused for..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Recovery of 59 kgs ganja - Independent witnesses with regard to search and seizure turned hostile deposing that their signatures were obtained on blank paper at the police station - Mere fact of FSL report is no confirmation either of the seizure or that what was seized was Ganja, in absence of..........
Land Acquisition Act, 1894, Section 18 -- Reference - Acquisition of land - Compensation - Consent agreement entered into between parties in 1989 for handing over land in question in case of acquisition - State Government not taken steps for 7 years for acquisition of land by issuance of notification u/s 4 of the Act - Consent awards were passed in 1997, at the rate of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22 -- Recovery of 430 gms heroin - Search and seizure - Independent witnesses not supported the seizure and drawing of samples from such seized articles in their presence - They merely stated that they were made to sign on blank papers by police personnel - Sanctity with regard to seizure, labeling and chain..........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 3 -- Murder of wife and three children by consuming poison - Circumstantial evidence - Recovery to 2 bottles from the shop of accused does not inspire confidence as independent witness has not supported such recovery and has stated that no such recovery was made in his presence and that his signatures..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Execution - Proof - Admission of signing a blank cheque leaf - Accused did not admit that he received any amount from the complainant or that he issued the cheque to the complainant - Held, complainant is bound to adduce evidence to prove execution of cheque...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 420, 120B -- Bail - Present petitioner not named in FIR - Main accused `S' is agent of bank and all allegations are against him, that he has obtained signatures on blank forms and took original title deeds of complainant - Allegation against present petitioner is that he took loan of Rs.25..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting expert - Signatures admitted, while leaving the cheque blank, thereby giving prima facie authority to the holder thereof to make or complete it as a negotiable instrument, for any amount specified therein - Question as to whether any authority was given to the..........
Will -- Proof of - Will produced by defendant no.1 not proved in accordance with law, as execution of Will denied by attesting witness DW4 - DW4 further deposed that Will is forged document and signatures were obtained in blank papers by misrepresentation - Alleged Will become suspicious and not proved by attesting witnesses - Will held, not proved...........
