Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank or incomplete cheque - Alteration therein - Held, it is open to a person to sign and deliver a blank or incomplete cheque and is equally open for holder to fill up blanks and specify amount therein - This does not amount to any alteration in cheque if cheque was not initially signed and issued for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Plea of accused/petitioner that amount had already been paid to complainant/respondent and nothing was due and that blank cheque was given as security at the time of disbursement of loan - ASJ categorically recorded that petitioner having failed to produce any evidence that he..........
Agreement to sell -- Specific performance - Factum of entering into agreement denied in written statement - However, it was pleaded that taking benefit of their being rustic illiterate villagers, some signed blank papers may have been used by the plaintiff for the purpose of preparation of alleged agreement of sale - Defendant not admitted execution of agreement of sale..........
Consent decree -- Challenged to be the result of fraud - Signatures alleged to have been obtained on blank paper - Held, admission by making statement in Court stands on altogether different footing - Statement made in Court carries authenticity - It cannot be said that statement was recorded on blank paper already bearing thumb impressions/signatures of makers of the said..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque - Holder of blank cheque or instrument has implied authority to fill the blanks and make it complete...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Eviction petition - Space in written statement for writing rate of rent was left blank - Amendment sought to write rate of rent - Held, amendment of written statement, as sought by defendant-petitioner is allowed, subject to payment of Rs.3,000/- as costs...........
Negotiable Instruments Act, 1881, Section 118 -- Pronote - Presumption - Execution - Plea of defendant that Commission Agents had obtained his signatures on blank form of pronote-cum-register on the pretext of getting him bonus - Solitary statement of defendant in this regard cannot be accepted to substantiate the said version when plaintiff and marginal witnesses of..........
Agreement to sell -- Specific performance - Blank paper theory - Defendant in his cross examination stated that he never thumb marked any blank stamp paper on the asking of anybody till date - Defendant himself falsifies his plea of fraud...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Exercise of power by High Court - Whether cheque in question was blank or it was subsequently filled by complainant or it was issued for purpose of security or to meet legal liability - Whether contents of reply to legal notice, other..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recalling of witness - Defendant in his written statement nowhere pleaded that his signatures had been taken on blank paper which later on converted into impugned agreement - Agreement purports to bear thumb impression and not signatures of defendant - PW2 in witness box stated about due execution of agreement by defendant -..........
