Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Signature on cheque and fact that cheque drawn on account of accused not disputed by accused - Liability on accused was established - Discharge was not established by accused - Complainant succeeded in proving existence of a legally sustainable debt and cheque remained unpaid even after..........
Agreement to sell -- Validity - Typographical error - Name of defendant No.2 is not mentioned in agreement to sell as seller - However, name of defendant No.1 only is mentioned as seller, but it is mentioned twice - Therefore, it is defiantly a case of typographical error, wherein while describing seller No.2 instead of defendant No.2, name of defendant No.1 again has..........
Criminal Procedure Code, 1973, Section 233(3) -- Defence evidence - Examination of handwriting expert - Accused while leading defence evidence has a right to prove his innocence and in case he wants to lead evidence that signature of PW5 did not tally with ruqa and special report with memo, same cannot be declined, as it goes to root of case - Admissibility and..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Appeal against acquittal - Presumption - There was manipulation in loan application and besides resolution to sanction loan was even prior to application for loan which improbabalised case of complainant or rather probabalised case in defence that there was no such transaction whatsoever -..........
Negotiable Instruments Act, 1881, Section 138, 118 -- Dishonour of cheque - Presumption - Once the signature on cheque is admitted, accused cannot escape his liability u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Handwriting expert has given opinion stating that writings marked in cheques were found to have been executed on document with prior signature marked at a different time with different ink - But handwriting expert has not been examined or cross examined in order to arrive at a opinion..........
Hindu Adoptions and Maintenance Act, 1956, Section 15, 16 -- Adoption deed - Presumption - No presumption can be raised u/s 15 of the Act, in absence of signature of natural father or mother of adoptee as was mandatorily required in terms of S.16 of the Act itself - Adoption deed not valid...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Neither accused denied his signature in the cheque nor denied receipt of legal notice - Had accused initiated insolvency proceedings or had accused been abducted and cheques forcibly obtained, he would issued a reply notice setting out these facts - Moreover, after perusing original cheque Court does..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - As per accused, he borrowed money from someone else and cheque was given to him and said person had handed over cheque to complainant for filing prosecution - However, neither signature are denied by accused in cheque nor accused replied to statutory demand notice that was issued by complainant - Though..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Burden of proof - When accused admitted his signature in cheques, burden is on him to prove that cheques were not issued for a `legally enforceable debt'...........
