Agreement to sell -- Suit for specific performance - Readiness and willingness - As per defendants they have not taken any amount from commission agent, but commission agent depicted huge outstanding amount from defendants and on that pretext, obtained signatures and thumb impressions on blank stamp papers, blank documents bearing revenue stamps and in the register by..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque- Conviction - Validity - Cheque issued by accused to discharge liability of his father got dishonoured - Contention that complainant misused signed blank cheque given by accused to his father for giving it to some other person - Signature on cheque in question admitted - Held, story put forward by accused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of no transaction by accused - Tenability - Statutory notice issued to accused did not invoke any response - Held, if accused had no transactions with complainant, or that blank cheque had been misused by complainant, he would have immediately responded - But he remained mum that shows his..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Cheque issued by accused in course of business transaction got dishonoured - Defence plea that accused gave signed blank cheque in some other transaction and same was misused by complainant - Accused did not adduce any evidence before lower Court to substantiate said plea - Held,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proof - Contention of accused that Co-operative bank had advanced some amount to accused for the purpose of supplying rice to various ration shops by Co-operative Bank and he had only handed over signed blank cheque leaves to Bank - No records with Co-operative Bank showing such payment of advance..........
Contract Act, 1872, Section 126 -- Bank guarantee - Equitable mortgage - Denied by defendants - Defendants contended that bank fabricated all the documents by utilizing the signed blank papers taken from them by the bank - Defendants admitted forwarding of title deeds but pleaded that those were only for scrutiny but for what purpose not explained - Utilization of blank..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against conviction - Plea of accused that complainant obtained signed blank cheque from accused by threatening him - Plea held, not tenable as mere suggestions of threat etc. are of no avail - Conviction upheld...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Accused had no case that she had issued a blank cheque to complainant and that he had filled up the particulars - She remained satisfied with mere denial of transaction - Held, it is for accused to explain as to how complainant came into possession of cheque drawn on her account..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque - On the basis of complainant"s power of attorney, `T' sold a part of land and took consideration thereof, but did not pass over same to him - Later `T' issued cheque which was dishonoured - Version of `T' that it was a blank cheque, which was given by him to complainant as an instrument of..........
Registration Act, 1908, Section 34,35,77 -- Registration of a document - Sub Registrar can refuse to register a document if signatory thereof denies its execution by stating that his signatures were taken on blank papers and document was brought into existence...........