Negotiable Instruments Act, 1881, Section 138, 142, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Legally enforceable debt and liability - Presumption as to - Rebuttal thereof - Held, as per S.139 of the Act, it is burden of accused to rebut presumption as S.139 of the Act provides that once cheque contains signature of a particular accused, it has to be presumed..........
Negotiable Instruments Act, 1881, Section 139, 138 -- Dishonour of cheque - Presumption - Rebuttal of presumption - Complainant has no right of rebuttal as in a civil suit - Evidence of complainant has to come at a stretch and not in installments or stages...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Sought at the stage when case was fixed for rebuttal evidence and arguments - Merely because there is some delay or some lapse on the part of the petitioner or his counsel in not producing the documents at the initial stage, it is not sufficient reason for dis-allowing the application for additional evidence,..........
Negotiable Instruments Act, 1881, Section 139, 138 -- Dishonour of cheque - Presumption - Rebuttal - Complainant Income Tax Payer - Non production of Income Tax Return or account - Held, absence of or non production of such evidence not sufficient to rebut statutory presumption...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Affidavits tendered in rebuttal evidence - Affidavit cannot contain averments which pertain to the affirmative character of evidence - Contents relatable to averments of affirmative character not to be accepted in rebuttal evidence...........
Evidence Act, 1872, Section 113B -- Presumption - Rebuttal - Four out of five accused acquitted - Question as to whether presumption stands rebutted - Primary evidence against appellant only - Appellant visited the house of his father-in-law just a few days before the incident and threatened deceased with dire consequences if his demand for a scooter and two gold rings was..........
Civil Procedure Code, 1908, Order 14, Rule 1, 2, Civil Procedure Code, 1908, Order 18, Rule 17 -- Framing of additional issues - Waiver of - At the time of framing of issues trial court specifically recorded that no other issues are pressed or claimed - If any other issue arises the same is waived - Application for framing additional issues and for leading additional..........
Negotiable Instruments Act, 1881, Section 138, 118(a), 139 -- Dishonour of cheque - Examination of cheque by an expert - Plea that date and figures are not in the hand of accused and that amount is filled according to choice of complainant - Trial Court rejected application on ground that there is admission with regard to signatures on the cheque - Held, when accused..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Complainant sought production of a document after statement of accused was recorded u/s 313 Cr.P.C. and before recording defence evidence - Application dismissed even without calling reply on the ground that document sought to be produced..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Leave of Court to reserve right - Plaintiff closed his evidence - Next day he filed application U.O.18.R.3 CPC that he has closed his evidence for the present - Defendant pleaded question of adoption - Held, if plaintiff is deprived of his right to lead rebuttal evidence then he will be deprived of his..........
