Agreement to sell -- Specific performance - Theory of obtaining thumb impressions on blank papers as defendant used to sell his crop at the shop of plaintiff - Location of thumb impressions not suggest so - Thumb impression on the first sheet at the bottom, on the second sheet in the middle at the end of the body of the agreement, and at the endorsement at the back of the..........
Agreement to sell -- Specific performance - Theory of obtaining thumb impressions on blanks papers as defendants used to sell his crop at the shop of plaintiff - Plaintiff not admitted that he used to obtain thumb impressions of the defendant on blank papers - Held, merely because the defendant used to sell his crop at the shop of plaintiff the same has no bearing on the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Cheque issued by accused for re-payment of borrowed amount got dishonoured - Contention of accused that he had not borrowed any amount and that there were blank signed cheque leaves in dash board of his lorry which had been stolen from compound of his house and complaint was filed..........
Agreement to sell -- Suit for specific performance - Plea of obtaining thumb impressions on blank papers - Existence of thumb impressions of defendants in the register of the scribe - Negatives the version of defendants that their thumb impressions had been obtained on blank stamp papers...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque - Can be filled up by the Holder thereof, which will be a valid instrument in the eye of law...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Comparison of signatures - Expert opinion - Accused admitting having issued five blank signed post dated cheques - No necessity of sending cheque to handwriting expert when signatures are admitted - Order calls for no interference...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque - Handwriting expert - Execution or entrustment or issuance of cheque not disputed - Held, dismissal of application u/s 45 of Evidence Act for sending the cheque to handwriting expert by trial court calls for no interfere...........
Negotiable Instruments Act, 1881, Section 138, 20 -- Dishonour of cheque - Conviction - Validity - Evidence of accused that he gave cheque as collateral security originally and amount was repaid in presence of two witnesses who were not examined - Held, presumption u/s.20 of N.I. Act that once a blank cheque is given, complainant has authority to fill up document, but, at..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt - Accused alleged to have issued cheque in question towards part payment of loan availed by him - Defence of accused that signed blank cheque was given by him at the time of sanctioning the loan agreement along with other cheques and said cheque was misused by complainant..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Acquittal - Validity - Evidence of complainant is inconsistent with regard to date on which amount was lent to accused - Admittedly, accused was working as a teacher as on that date and if really she had issued a cheque, she would have written blanks left in said cheque with her own hand-writing -..........
