Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Comparison of signature - Application for comparison of signatures at the instance of accused when case is fixed for complainants evidence is not maintainable...........
Indian Penal Code, 1860, Section 324 -- Offence u/s 324 IPC - Accused inflicted injuries to PW1 with a blade - Injuries were caused on his thigh, back and shoulder - Medical evidence also corroborated the version of PW-1 - Prosecution had proved the guilt of accused u/s 324 IPC - Accused rightly convicted u/s 324 IPC - However, since accused has already undergone two years..........
Evidence Act, 1872, Section 45 -- Handwriting expert - Comparison of signatures - Admitted signatures - Signature scribed in the open Court, vakalat, suit summons and written statement cannot be termed as an admitted signature as there is every likelihood of defendant disguising the signatures...........
Evidence Act, 1872, Section 45 -- Handwriting expert - Comparison of signatures - Defendant did not file any authentic document which contained his admitted signatures - Signature scribed in the open Court, vakalat, suit summons and written statement cannot be termed as an admitted signature as there is every likelihood of defendant disguising the signature - Application..........
Evidence Act, 1872, Section 102 -- Burden of proof - In civil cases, rival contentions and rival evidence has to be considered, assessed, evaluated and weighed to conclude whether burden on plaintiff has been discharged...........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Borrowing of amount by defendant is clearly narrated by PW2/scribe of suit promissory note, in his evidence - Plaintiff issued a legal notice to defendant, but he did not choose to give any reply by denying suit promissory note - Defendant is unable to show any reason or circumstance to disbelieve the..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation for trees and borewell - Reference Court rejected claim for compensation of awala trees as the same were newly planted and were not fruit bearing at the relevant time - Plantation was reported to be of the year which is subsequent to the proposal to acquire land - Court also recorded that no..........
Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - Time limit is fixed to perform part of contract by 12.12.1979 - However, no notice issued by plaintiff to defendant by expressing his readiness and willingness on or before 12.12.1979 - Admittedly, notice issued on 18.10.1982 - No evidence that defendant received said notice whatsoever..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff failed to prove his readiness and willingness to perform his part of the contract by adducing oral evidence on record - Relief of specific performance , denied - However, on considering the provision of S.22 of Specific Relief Act, alternative relief of refund of advance amount of Rs.20,000..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 302, 354, 114, 34, Arms Act, 1959, Section 25 -- Fourth bail application - Murder - Earlier bail applications were dismissed as withdrawn - All the private PWs stand examined after dismissal of last bail petition - Petitioner has suffered incarceration for about 2 years 7 months and 20..........
