Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque - A trust is reposed to fill the amount as per the understanding or agreement between the parties - If there is prima facie reason to believe that said trust is not honoured then continuation of prosecution u/s 138 of the Act would be the abuse of process of law - In that event parties are..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque given by way of security - Security itself shows a debt due - The admission and the case that blank cheques were issued itself shows that at the time of issue there was a debt to be repaid...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Defence plea of previous loan transaction between him and the friend of father of the complainant was false - Defence that the blank cheques were issued by way of security was dishonest - Existence of consideration which was statutorily presumed not disproved - Accused did not tender any evidence..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque - Body of cheque need not to be written by the signatory to the cheque - A cheque could be filled up by anybody if it is signed by the account holder of the cheque...........
Civil Procedure Code, 1908, Order 3, 29, 3 -- Vakalatnama - Defective vakalatnama is liable to be returned - Defects routinely found in Vakalatnamas are : (a) Failure to mention the name/s of the person/s executing the Vakalatnama, and leaving the relevant column blank; (b) Failure to disclose the name, designation or authority of the person executing the Vakalatnama on..........
Negotiable Instruments Act, 1881, Section 138, 118(a), Civil Procedure Code, 1908, Order 37, Rule 1 -- Dishonour of cheque - Summary suit - Defendant purchased timber from plaintiff and he issued cheque towards price of that timber - Defendant has not denied his signature in cheque - Defendant has no case that he had kept blank signed cheques - It is not stated that cheque..........
Agreement to sell -- Execution - Proof - Plea that thumb impression was obtained on blank paper and agreement to sell was forged and fabricated - However, agreement to sell executed on stamp paper purchased by defendant for execution of agreement to sell - Agreement to sell cannot be held to be forged and fabricated when stamp paper is purchased by the defendant...........
Essential Commodities Act, 1955, Section 7 -- Spurious cement - Recovery of 90 bags - Driver of vehicle from which bags were recovered stated that on the day of recovery none came to him to hire the said vehicle - No cement was loaded in the said vehicle on that day and cement was not recovered from the vehicle in question - He deposed that his signatures were obtained on..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Illegal gratification - Accused while working as an accountant demanded Rs.1, 000/- from complainant to hand over the draft of Rs.1.2 Lakhs - Raid conducted and tainted currency notes recovered - Evidence showed that the draft was already handed over to the complainant two days earlier to raid - Tainted..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Cheque bearing signatures of accused on its face and also on reverse of it - Goes to show that the said cheque was intended to be used as a `self cheque' and not issued by accused to any other person - Writing on cheque not in the hand of accused - Account in Bank in the name of complainant was..........
