Negotiable Instruments Act, 1881, Section 118 -- Pronote - Consideration - Presumption as to - Rebuttal of - Held, casual denial of passing of consideration does not act as a valuable defence because something which is probable has to be brought on record for getting the benefit of shifting onus of proving case to plaintiff and defendant has to bring on record such facts..........
Negotiable Instruments Act, 1881, Section 138, 118(a), 139 -- Dishonour of cheque - Acquittal - Leave to appeal - Respondent No.2 rebutted presumption provided u/s.118(a) and S.139 of NI Act, 1881 by denying that he had received Rs.80,000/- from petitioner - By eliciting testimony from petitioner that he had no proof of payment of Rs.80,000/- to respondent No.2 and that he..........
Evidence Act, 1872, Section 118 -- Child witness - Eight years of age at the time of trial - Soon after the incident she told her grandmother and her father that appellant had killed the deceased with daa and two days after the incident she gave statement before Magistrate u/s 164 Cr.P.C. to the similar effect - Right from the time of incident till the time she was..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 118 -- Murder - Child witness - Murder - Accused convicted and sentenced to life imprisonment on sole testimony of daughter of deceased aged 8 years - Witness answered first few questions put by Court very smartly and intelligently and Court concluded that she could become witness in this case - She has..........
Evidence Act, 1872, Section 118 -- Material witnesses - Non-Examination - Doctor who performed post mortem and examined the victim before he was declared dead - Head Constable and Constable who reached the site immediately upon occurrence - Neither person from FSL was examined nor other witnesses turning hostile examined - It creates a reasonable doubt in the case of..........
Evidence Act, 1872, Section 118 -- Interested Witness - Testimony of - Admissibility - Contention that only family members of deceased were examined as witnesses and they being interested witnesses cannot be relied upon - Held, only because witnesses are not independent ones may not by itself be a ground to discard prosecution case - If prosecution case has been supported..........
Evidence Act, 1872, Section 118 -- Interested Witness - Testimony of - Admissibility - Contention that only family members of deceased were examined as witnesses and they being interested witnesses cannot be relied upon - Held, only because witnesses are not independent ones may not by itself be a ground to discard prosecution case - If prosecution case has been supported..........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 118 -- Rape - Prosecutrix aged 8/10 years - Prosecutrix not examined being incompetent witness - Accused convicted on basis of other evidence - Held, it is not hard and fast rule that examination of prosecutrix is essential requirement of law and condition precedent for recording conviction against accused...........
Negotiable Instruments Act, 1881, Section 118 -- Pronote - Presumption - Execution - Plea of defendant that Commission Agents had obtained his signatures on blank form of pronote-cum-register on the pretext of getting him bonus - Solitary statement of defendant in this regard cannot be accepted to substantiate the said version when plaintiff and marginal witnesses of..........
Negotiable Instruments Act, 1881, Section 118,4 -- Pronote - Amount borrowed in the month of March and pronote executed in the month of August as defendant failed to keep his promise to return the borrowed amount within three/four months - Consideration not paid in presence of witnesses at the time of execution of pronote as it was paid earlier - Evidence of witnesses in..........
