Contract Act, 1872, Section 134 -- Surety - Liability of - Surety bond containing signature of defendant No.2 - Plea of signing on blank paper - Held, not tenable - Defendant No.2 jointly liable to make payment - Omission of creditor Bank if any can only be considered either on date of filing of suit or on date of judgment...........
Public Interest Litigation -- Scam of Rs.120 crores - Invitation of tenders and awarding of contracts by MCD for laying and re-laying of roads - Petitioner is trying to wriggle out of difficult situation that she has placed herself in by taking contradictory stands - It appears that she is now unable to deny that signature on said letter is, in fact, hers, but wants to..........
Criminal Procedure Code, 1973, Section 197 -- Threat by police official to make a tutored statement and tried to obtain signatures on blank paper under threat - Offence committed is not part of official duties - Sanction for prosecution is not required...........
Agreement to sell -- Specific performance - Agreement to sell registered - Attesting witness supporting the case of plaintiff - Defendant failing to prove that agreement is only a security deed - One witness examined by defendant deposing that agreement was written as security for loan he borrowed from plaintiff but failed to substantiate the same by producing..........
Will -- Suspicious circumstances - (i) The signature of the testator may be very shaky and doubtful or not appear to be his usual signature; (ii) The condition of the testator's mind may be very feeble and debilitated at the relevant time; (iii) The disposition may be unnatural, improbable or unfair in the light of relevant circumstances like exclusion of or absence of..........
Civil Procedure Code, 1908, Order 5, Rule 2, 9 -- Summons - Service of summons - Envelope not containing copy of plaint - Trial Court itself opened the envelope which did not contain the copy of the plaint or the summons and infact a blank envelope was sent - Does not amount to service of summons...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Recovery of - Independent witness joined but not supporting case of prosecution - Independent witness stated that nothing was recovered and further stated that his signatures on blank papers were obtained by IO - He was declared hostile - In cross examination he did not improve the case of..........
Negotiable Instruments Act, 1881, Section 20, 118 -- Recovery suit based on pronote - Defendant admitted signatures on the documents - The defendant pleaded that he put signatures on blank forms which were filled later - Held, burden is on defendant to prove his plea - Bank is not required to prove that defendant put signatures on filled up forms...........
Consumer Protection Act, 1986, Section 2(1)(r) -- Unfair trade practice - Banking service - Vehicle finance - Bank found getting blank loan document signed from the customers - Held to be an unfair trade practice and illegal activity on the part of the Bank must stop immediately...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Appeal against acquittal - Defence of accused was that a blank cheque was stolen by husband of complainant when he was serving as a Supervisor in accused company - Fact that husband of complainant was working in company was not seriously disputed - Record indicates that..........
