Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque theory - `Drawn' - Has to be understood as execution - Putting signature on the blank cheque is not equivalent to the word `drawn' - Word `Drawn' in the provision has to be understood as `execution' of cheque...........
Criminal Procedure Code, 1973, Section 125 -- Child - Unwed mother - Petition supported by mother and several witnesses - PW3 specifically deposed that mother of petitioner and respondent had stayed in her house in the village several years earlier - Pradhan of village proved extracts of birth register which shows respondent as the father of the petitioner - Column of..........
Chit Fund Company -- Amount of Rs. 1,41,000/- was adjusted on the strength of respondent's letter - Plea taken by respondent of his signature having been obtained on blank paper including on the said adjustment letter discarded in another case in which this was the issue - The petitioner cannot be held to have unauthorisedly retained it so as to make a case of deficiency..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque - Misuser of blank cheque - Reply to statutory notice not given - `Stop instructions' not issued to bank - Unusual conduct of accused - Failure of accused to rebut the presumption - Accused, held, guilty u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of accused that blank cheque as security was given and even after repayment of loan cheque was misused - Accused admitted in his cross examination that cheque was given to repay the debt - No merit in contention that blank cheque was given - No ground to interference in concurrent finding of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque-Cheques cannot issued for valuable consideration if obtained by complainant blank without even mentioning the amount or date - Offence u/s.138 not committed...........
Insurance claim -- Discharge voucher - Full and final payment - Value of vehicle Rs. 6,00,000 - It was estimated by the Surveyor that Rs. 4,99,000 were payable after adjustment of Rs. 1,01,000 for salvage value - There appears to be no reason as to why the complainant would have voluntarily and without any demur accepted the amount of Rs. 3,64,000 as full and final..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Material alteration - Blank cheques issued and later they were filled - Fact that column relating to payee filled up later but the same does not amount to material alteration...........
Civil Procedure Code, 1908, Order 37, Negotiable Instruments Act, 1881, Section 118 -- Pronote - Statutory presumption - Execution of pronote duly proved by examining attesting witness & scribe - Signatures on pronote & receipt admitted - Self serving statement that the signatures were obtained on blank papers cannot rebut presumption raised u/s 118 on the basis of proof..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Consent decree - Challenged - Amendment of written statement sought on the ground that he never engaged a counsel in the earlier case and that his signatures were obtained on a blank paper and written statement prepared on the blank papers - Amendment allowed - It is open to the trial Court to..........
