Limitation Act, 1963, Section 3 -- Limitation - Court u/s 3 of the Act has jurisdiction to look into the question of limitation, even if no plea of limitation has been set up by defendant or no issue is framed regarding limitation - In such an event, suit deserves to be rejected since the question of limitation is a pure question of law...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Burden of proof - Circumstances leading to murder of deceased were in the exclusive knowledge of appellant - He has offered no explanation as to the manner in which deceased was strangled to death within the confines of the room where only he and deceased were present -..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting expert - Comparison of writing on body of cheque - Once defence has been set up by accused that cheque was misused at the instance of complainant, same having been filled up with different hand, it was essential to get the same compared with signature of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Undated cheques in question were given as security and on breach of conditions of contract they were presented for encashment which were dishonoured - Petitioners cannot shirk their liability to pay cheque amount to complainant by taking plea that there was no legally enforceable debt or liability..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Undated cheques in question were given as security and on breach of conditions of contract they were presented for encashment which were dishonoured - Petitioners cannot shirk their liability to pay cheque amount to complainant by taking plea that there was no legally enforceable debt or liability..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Undated cheques in question were given as security and on breach of conditions of contract they were presented for encashment which were dishonoured - Petitioners cannot shirk their liability to pay cheque amount to complainant by taking plea that there was no legally enforceable debt or liability..........
Adverse possession -- Actual date of possession is neither pleaded nor proved on record which is essential ingredient to plea of adverse possession - Defendants not pleaded that they knew prior to demarcation that land which they are utilizing belonged to plaintiffs - Possession over land therefore, cannot be perfected by virtue of adverse possession - Plea of adverse..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Sole purpose of filing of application for additional evidence is to get rid of findings recorded by Courts below - This is not permissible - Plea of plaintiff that he was unable to produce the record despite exercise of due diligence cannot be accepted - Application filed does not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 21, 29 -- Contraband - Plea of non-association of independent witness - PW-1/panch witness associated in the search and seizure proceedings was serving in the Income Tax Department thus, it cannot be said that said witness was a stock witness of the NCB or was an interested witness - He in his sworn..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Plea of non-compliance of S.50 of the Act - Recovery was not effected during personal search of A-1 - Contraband was being carried in a polythene bag held by A-1 in his hand - Hence, there was no requirement for the Seizure Officer to have acted under the provisions of S.50 of the Act before..........
