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..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Closure of right of cross-examination of accused - Several opportunities though were given to accused to cross-examine complainant however, grounds and reasons shown by accused for failure in doing cross-examination seem to be justified - One more opportunity of conducting cross-examination by accused..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Ex parte preliminary decree - Suit for recovery of money - Preliminary decree passed after defendants have cross-examined PWs 1 & 2 at length - It cannot be said that it is an ex parte decree - Defendants failed to adduce evidence in spite of sufficient time being..........
Criminal Procedure Code, 1973, Section 125, 311 -- Maintenance to wife - Further cross examination of wife sought to confront wife with certain conversation recorded by husband on his mobile - Conversation of wife recorded without her knowledge and behind her back which amounts to violation of her right to privacy and also right of wife guaranteed u/art 21 of Constitution..........
Civil Procedure Code, 1908, Order 21, Rule 64, 66 -- Execution - Attachment of property - Suit filed against Company through its Managing Director - Petitioner being Managing Director has given personal undertaking in the written statements, chief-affidavits as well as in cross-examination for repayment of suit amounts personally - He cannot now take a ground that he is..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Complainant/son of accused had not chosen to explain circumstances under which he was compelled to lodge FIR against his own father for murder of his mother - It was for accused to explain the situation either by way of cross-examination or through his explanation furnished in the statement u/s 313 Cr.P.C..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW8 - After around three years from the date of closing of cross-examination - Cross-examination of person should have been completed on the very same date of his examination-in-chief - At this belated stage, there would be no purpose for cross-examination as it is practically not possible for a witness to reply such..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Pronote - Signature of defendant over pronote as well as receipt have been proved on record by handwriting expert - Suggestion having been put to plaintiff in his cross-examination that amount stands paid itself establishes the factum of payment of money against pronote - On the contrary no evidence was produced on record..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Mere production of documents will not prejudice the rights of defendants in any manner, more particularly, when they will get a chance to cross-examine the witnesses produced by plaintiff and will also get a chance to rebut the evidence led by him - Application rightly allowed...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff was an agriculturalist having 14-15 acres of land and earning handsomely - Not even a suggestion to contrary was put to plaintiff in his cross-examination meaning thereby admitting the same as a matter of fact - Readiness and willingness on the part of plaintiff in order to perform his part..........
