Evidence Act, 1872, Section 45 -- Second expert - Disputed signatures - Pronote - Earlier expert opinion does not reflect the truth, as specimen signatures of defendant were obtained in open Court long after date of pronote - Possibility of deliberately signing in a different fashion cannot be obviated - Specimen signatures of defendant thus, would not serve the true..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan - Loan stated to be advanced in the month of April but date on which loan advanced not stated either in the complaint or in examinatio, i, chief - Contention that complainant lent the loan and in discharge of said loan accused issued the cheque to discharge the legally recoverable debt cannot..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Legally recoverable debt - Rebuttal of presumption - Accused need not enter into witness box by letting evidence - Accused can rebut evidence of complainant in cross examination...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - When complainant himself is unable to show source of income and capacity to pay and date of issuance of cheque throw suspicion and cloud in evidence of complainant, it is not possible to accept evidence of complainant that there is any legally recoverable debt payable by accused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Accused and complainant known to each other and accused borrowed loan of Rs.1 lakh from complainant - Complainant is income tax assessee - However, no document forthcoming from side of complainant to show that he had source of income and capacity to lend Rs.1 lakh to accused -..........
Evidence Act, 1872, Section 91 -- Unregistered document - Admissibility in evidence - Unregistered gift deed which is not legally admissible as evidence can be used as evidence to show the character of possession - Document even if it is unregistered can be relied upon for proving collateral purpose...........
Taxing statue -- Plea based on equity or/and hardship is no legally sustainable in a taxing statute - Constitutional validity of any provision and especially taxing provision cannot be struck down on such reasoning...........
Indian Penal Code, 1860, Section 498A -- Offence u/s 498-A IPC - Validity of marriage - Provision of S.498-A IPC refers to the word "woman" and not wife - By said provision, protection was contemplated to a married woman and not only to the legally wedded wife...........
Civil Procedure Code, 1908, Order 41, Rule 22(4) -- Appeal - Cross objections filed in appeal - Rejection of cross objection without any discussion and reason cannot be countenanced and therefore, not legally sustainable - Matter remitted...........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - Marriage between prosecutrix and accused - Prosecutrix categorically stated that neither accused had kidnapped her nor committed sexual intercourse with her prior to her marriage - She was medico legally examined after 9 days of her marriage - In these..........
