Suit for recovery -- Suit for recovery on the basis of dishonoured cheque - Defendant contended that it was a signed blank cheque that was entrusted to plaintiff - However, same is denied by plaintiff - DW1 even admitted that borrowed amount has not been repaid - In the absence of evidence to the contrary, case of plaintiff is liable to be accepted - Plaintiff is entitled..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint was filed by misusing the blank signed cheque and stamp paper handed over by accused as security for amount advanced to his sister - Evidence is thoroughly insufficient to prove payment of amount of Rs.30 lakhs to accused - Presumption u/ss 118(a), 139 of the Act not attracted - Although..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Suit for specific performance - Agreement in question bears blank columns and has overwriting, which itself shows that to prove the same, evidence is required to be led in the matter - Plaintiff raised several triable issues which require leading of evidence -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Suit for specific performance - Agreement in question bears blank columns and has overwriting, which itself shows that to prove the same, evidence is required to be led in the matter - Plaintiff raised several triable issues which require leading of evidence -..........
Agreement to sell -- Specific performance - Plea that while taking loan from plaintiff some blank papers were signed - No document on record to show of taking loan - Contention rightly rejected...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Signatures admitted - Plea of misuse of blank cheques - Bald assertion of misuse of blank cheques, in the absence of cogent rebuttal, cannot be accepted - Accused failed to rebut presumption u/s 139 of the Act - Accused rightly convicted...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of order - Order taking cognizance - Court filled the words `cognizance' and `personal' in blank space which suggest that there is non-application of judicial mind - Order taking cognizance , set aside - Matter remitted back to concerned Court to pass afresh order in accordance with law...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused issued 15 signed blank cheques to complainant - He chose not to reply to legal notice demanding payment of loan by complainant - Even, accused has not taken any legal steps against complainant for misuse of alleged signed blank cheques as alleged by him - Defence taken by accused is improbable -..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Admission of handing over signed blank cheque - Handwriting expert to know as to whether cheque was filled up not by drawer but by some other person - Immaterial - Presumption which arises on the signing of cheque cannot be rebutted merely by the report of a hand-writing..........
Hindu Marriage Act, 1955, Section 12(1)(c) -- Annulment of marriage - Forcible marriage - Petition by wife - Wife stated that she was deceitfully taken to a temple by offering `Prasad' spiked with some drug and her signatures were obtained on blank papers - However, no evidence on record as to why wife remained silent almost for a period of 6 years - Nothing prevented wife..........
