Will -- Proof - Registered Will - Proof by Sub Registrar - Sub Registrar not present at the time of execution of Will and he not a witness to affixing of signatures by the testator or the attesting witness on the date the Will is purported to have been executed - Sub Registrar, however, stated that when Will was present for registration and registered, signatures of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(ii)(c) -- Recovery of 10.500 kg. charas - Recovery effected from conscious and exclusive possession of accused `M' - Although independent witnesses turned hostile but factum of having admitted their signatures on memos renders insignificant as well as inconsequential the effect of their turning hostile -..........
Negotiable Instruments Act, 1881, Section 138, 20, 87 -- Dishonour of cheque - Material alteration - Contents of cheque - Expert opinion - Signatures when admitted then contents of cheque cannot be disputed - Drawer of cheque can give a blank cheque being filled up subsequently - Difference in the handwriting or ink pertaining to material particulars filled up in..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Examination of signatures on cheque by handwriting expert - Petitioner herself admitted in notice that cheques were sent on behalf of her - Moreover, cheques were not returned by bank on the ground of dissimilarities in signatures but returned on account of insufficient..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan admitted - Plea of return of loan - Repayment of loan entered in a diary, which is alleged to bear the signature of complainant - Complainant denied her signature - No evidence to prove the alleged signatures of complainant - No handwriting expert examined to prove the alleged signature of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan - Advancing loan of Rs.10.40 lakhs on different dates - Neither in the complaints nor in her depositions complainant gave details of loan, such as exact amount of each loan, the date on which it was paid and rate of interest agreed to be paid - No valid explanation for not giving all such details -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Expert opinion - Comparison of signatures with other writing on cheque - Signatures admitted and it was nowhere pleaded that other writings on cheque were not scribed by accused - Application filed when matter was fixed for final arguments - Held, application was rightly rejected...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Trial - Complainant has denied execution of compromise deed as alleged by accused - Plea of petitioner for comparison of respondent's signatures was rejected on ground that application should have been made after cross examination of complainant - Compromise deed is on..........
Evidence Act, 1872, Section 45 -- Handwriting expert - Disputed signatures in a carbon copy of a document - Can be looked into by an expert to give his opinion after its comparison with admitted signatures of the person who signed it...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Obstruction of passage - Grant of - Parties recorded as joint owners of suit land - Enjoying separate and exclusive possession over their shares of land by mutual agreement - By constructing shutter on passage defendant obstructed path leading to plaintiff's house - Obstruction of passage proved by witnesses -..........
