Agreement to sell -- Specific performance - Defendant did not dispute his signatures on agreement - However, contention of defendant that blank stamp papers signed by him had been used for this purpose is not accepted by Courts below - Agreement to sell has been proved by plaintiff - Suit rightly decreed in favour of plaintiff...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Once the defence as propounded by accused is found to be improbable, argument that blank cheque had been given to one `H' and as such complainant was not holder of a cheque in due course is without any basis...........
Will -- Suspicious circumstances - Plaintiff stated that Wills were executed on stamp papers, however, Wills on record have been executed on plain papers - Defendants have taken a plea that their thumb impressions were obtained on some blank papers on the pretext of using these thumb impressions in civil case - Both the testators were illiterates is duly corroborated by..........
Negotiable Instruments Act, 1881, Section 138, 87, 20 -- Dishonour of cheque - Material alteration - Issuance of signed blank cheque - If any alteration appears on the body of cheque, such alterations need not require consent of accused/drawer of cheque...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Signature on cheque not disputed by accused - Accused neither replied to demand notice nor he led any rebuttal evidence in support of his case - However, theory of blank cheque being misused has been suggested to complainant during cross-examination which was denied by..........
Agreement to sell -- Validity - Agreement in question bears signatures of defendant at seven places on stamp papers - No explanation given for the same - It probabilizes the happening of circumstances that said signatures were obtained on some blank stamp papers without there being any specific object existing at the moment for its use or to be used as per wish of..........
Agreement to sell -- Validity - Agreement in question bears signatures of defendant at seven places on stamp papers - No explanation given for the same - It probabilizes the happening of circumstances that said signatures were obtained on some blank stamp papers without there being any specific object existing at the moment for its use or to be used as per wish of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Issuance of blank signed cheque would not absolve accused from liability - However, holder of cheque in due course cannot fill the amount more than he is entitled...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Issuance of blank signed cheque would not absolve accused from liability - However, holder of cheque in due course cannot fill the amount more than he is entitled...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Comparison of writings on cheque - Accused pleaded that he issued blank cheque and complainant subsequently filled it up - Even, if case of accused is admitted to be true, S.20 of N.I Act comes into operation - Moreover, accused was also questioned u/s..........
