Civil Procedure Code, 1908, Order 6, Rule 4 -- Plea of fraud and coercion - Full and precise particulars have to be given when fraud or coercion are pleaded - In absence of such particulars appellant is estopped from pleading that there was any fraud or forgery...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 467, 468, 471, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheating - Quashing of FIR - Contention on behalf of petitioner/accused that cheque in question was not dishonoured because of insufficiency of funds but for the reason that signatures did not tally with..........
Indian Penal Code, 1860, Section 403,406,407,409,420,467,468,471,506, 120B, Criminal Procedure Code, 1973, Section 482 -- Blank cheque given - Offence of making fraudulent endorsements in the blank cheque - A holder of cheque in due course is entitled to fill in the blank cheque and present the same to bank for encashment - Offence of cheating, breach of trust,..........
Negotiable Instruments Act, 1881, Section 138, 20, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Counter-complaint - Quashing of - Counter-complaint filed by accused alleging forgery on the ground that complainant himself filled up the amount and date in a blank cheque - Held, same does not amounts to forgery in view of the provision of S.20 of the NI..........
Punjab Panchayati Raj Act, 1994, Section 20(1)(a), 208(1)(c) -- Panch - Removal - Possession of contraband - Whether petitioner can be removed from post of Panch u/s.20(1)(a) of the Act during pendency of criminal trial? - Held, if Sarpanch/Panch is found guilty and has been convicted for any offence involving moral turpitude or for such offence i.e., forgery in..........
Agreement to Sell -- Specific performance - Various admissions made by defendant - Marginal witnesses not examined to prove the execution of agreement - Scribe appeared but did not bring the register in Court in which entry of agreement was made - Both the Courts below held that agreement stands proved and is free from blemish of forgery or tampering - Suit decreed - Calls..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Counter FIR alleging theft, cheating and forgery of the cheque in question - Quashing of - Cheque issued by respondent No.2/accused in discharge of outstanding dues dishonoured - FIR lodged by respondent alleging that he had lost blank signed..........
Arbitration and Conciliation Act, 1996, Section 11 -- Arbitrator - Appointment - Arbitration agreement - Serious allegations of fraud, forgery and fabrication - Existence of a valid and enforceable arbitration agreement is a condition precedent for appointment of an arbitration - When serious allegations of fraud and fabrication are made, it is not possible for Court to..........
Arbitration and Conciliation Act, 1996, Section 11 -- Arbitrator - Appointment - Arbitration agreement - Serious allegations of fraud, forgery and fabrication - Where agreements have been performed in part, such a contention not to be entertained - It is only in a very few cases, where an agreement had not seen the light of the day and suddenly propounded or where the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Genuineness of signatures - Expert opinion - Application filed at the stage of examination of complainant as a witness - Plea opposed on ground that cheque is dishonoured for insufficient funds and not on ground of dissimilarity of signatures - Held, in case bank does not object to the authenticity of..........
