Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 165 -- Dishonour of cheque - Case posted for final arguments - Change of counsel not a reason for not rendering document in question earlier - Application rightly rejected...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Memorandum of oral gift sought to be produced by way of additional evidence - Document not filed in suit, though suit remained pending for about 18 years - Entire case of defendant is based on alleged oral gift and memorandum of gift executing in writing - Defendant thus, have full..........
Arbitration and Conciliation Act, 1996, Section 7(5) -- Arbitration agreement - Arbitration clause in separate document - Principle of incorporation by reference of an arbitration clause from another document or contract is provided in statute itself u/s 7(5) of the Act, as arbitration agreement need not necessarily be in the form of a clause in substantive contract itself..........
Negotiable Instruments Act, 1881, Section 4, 20 -- Pronote - Suit pronote is having required ingredients as mentioned in S.4 of the Act - However, manner of writing and lack of evidence with regard to handing over signed paper to plaintiff has created doubt whether transaction alleged by plaintiff is in accordance with evidence given by PW2 - No evidence on the side of..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Marking of document - Marking of copy of deposition of third party itself is not accordance with law of evidence...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Marking of document - Agreement to sell with tenant - No reference in agreement as to handing over possession to tenant or that tenant would continue in possession of the property as purchaser under the agreement of sale - Mere reference of plaintiff being in possession of property as a tenant cannot be considered as delivery..........
Evidence Act, 1872, Section 45 -- Expert opinion - Age of ink - There is an organization called Nutron Activation Analysis, BARC, Mumbai, which is a Central Government Organization, which undertakes the task of determining the age of ink/writing of a document...........
Evidence Act, 1872, Section 45 -- Expert opinion - Age of ink - Document alleged to be signed in 2008 and not in 2012 - Courts must take of note of the aspect while appreciating rival contentions that mere determination of age of ink/writing by an expert will not clinch the issue as to when exactly the maker has written/signed the document...........
Will -- Suspicious circumstance - Non-production of register of scribe not relevant, particularly when Will is a registered document and when scribe when asked about register, he had stated that it was never summoned from him...........
Civil Procedure Code, 1908, Order 11, Rule 14 -- Production of documents - O.11.R.14 CPC, does not attach to a party an absolute right to insist for production of a document in possession of adverse party in support of proof of his case...........
