Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114(f) -- Dishonour of cheque - Service of demand notice - Presumption as to - Held, once it is established that notice was sent under registered post with acknowledgment due, prepaid and correctly address, requirement of S.138 of the N.I. Act shall be deemed..........
Evidence Act, 1872, Section 114 -- Right over Gaon Sabha land - Revenue entry - Irrebuttable presumption - Held, whenever a person comes along with the case that Gaon Sabha land was allotted to him or some order was passed by any Court in his favour declaring his right over Gaon Sabha land or some revenue entry was in his favour long before but during last several years..........
Negotiable Instruments Act, 1881, Section 138,139, Evidence Act, 1872, Section 114 -- Dishonour of cheque - Presumption - Rebuttal - Cheque issued against loan which was entered in books of account and counter-signed by accused - Books of account not produced - Books of account are material and relevant evidence - Held, withholding of material and relevant evidence..........
Evidence Act, 1872, Section 114 --- Adverse inference - When a party in possession of a document does not produce such document - Adverse inference has to be drawn...........
Indian Penal Code, 1860, Section 302, 392, Evidence Act, 1872, Section 27, 114(a) -..........
Evidence Act, 1872, Section 114 -- Public document - Presumption as to correctness - Rebuttable - Defendants have not disputed the grant in favour of "M" - However, it was their specific stand that said grant in favour "M" was cancelled subsequently - To substantiate the same, defendants produced Ex.D1, which is the certified extract, from dharkasth register issued by..........
Negotiable Instruments Act, 1881, Section 118,87, Evidence Act, 1872, Section 114 -- Pronote - Expert opinion that name of plaintiff on the promissory note and receipt were written later than the other writing on the pronote and in different ink - Expert to counter his opinion not examined - Held, plea set up by defendant that he never executed promissory note in favour..........
Negotiable Instruments Act, 1881, Section 118, Evidence Act, 1872, Section 114 -- Promissory note - Consideration - One of the two marginal witnesses did not sign which proves that either consideration was not paid in his presence and he refused to sign or he was not present at the time of execution of pronote - Other marginal witness admitted in cross examination that..........
Evidence Act, 1872, Section 3, Evidence Act, 1872, Section 3, Criminal Procedure Code, 1973, Section 91, Evidence Act, 1872, Section 114, Prevention of Corruption Act, 1988, Section 12, Prevention of Corruption Act, 1988, Section 12, Criminal Procedure Code, 1973, Section 340 -- Defence witnesses - After thorough scrutiny defence witnesses found to be truthful witnesses -..........
Evidence Act, 1872, Section 3, Evidence Act, 1872, Section 3, Criminal Procedure Code, 1973, Section 91, Evidence Act, 1872, Section 114, Prevention of Corruption Act, 1988, Section 12, Prevention of Corruption Act, 1988, Section 12, Criminal Procedure Code, 1973, Section 340 -- Defence witnesses - Appreciation of evidence - Witnesses examined by accused in defence command..........
