Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Liability to pay - Pleading - Details as to how liability towards cheque arose need not to be pleaded - Pleading and proof is required that cheque was issued towards discharge of existing liability and it was presented for encashment and dishonoured for want of funds and he has complied with all..........
Prevention of Food Adulteration Act, 1954, Section 13(2) -- Catechu (betal-nut) - Provision of S.13(2) of the Act not complied with - Ex.P16 sent by registered post but original postal receipt not produced and photo copy proved without permission of Court u/s 65 of Evidence Act - Without proof of original document such evidence is not reliable - Accused acquitted...........
Specific Relief Act, 1963, Section 16(c) -- Ready and willing - Mere assertion in plaint is not sufficient - It must be proved that consideration amount was available - When such proof is not produced before Court then it must be held that plaintiff was not always ready and wiling to perform his part of the contract...........
Negotiable Instruments Act, 1881, Section 31 -- Bank wrongfully dishonoured cheque and illegally debited Rs.610/- from account of account holder - Held, account holder is entitled to damages without proof of special loss or damages - Award of Rs.2500/- as general damages is proper...........
Insurance claim -- Driving license fake - Repudiation of claim - Held that in the absence of evidence of proof that the driving licence was fake one to the knowledge of the owner claim of the complainant has to be upheld...........
Indian Penal Code, 1860, Section 376 -- Rape - Accused aged 20 years taken thrice to hospital to obtain semen but accused could not ejaculate - It is not conclusive proof that accused is not cable of performing sexual intercourse...........
Will -- Execution - Proof - Propounder has to show that the Will was signed by the testator and that he put his signatures to the testament of his own free will and that at the relevant time he was in a sound disposing state of mind and understood the nature and effect of the dispositions and that the testator signed in the presence of two witnesses and attested it in his..........
Will -- Execution - Proof - Propounder of Will proved that Will was signed by testator and that at the time of execution of Will he had a sound disposing state of mind and that he had reasons to exclude the plaintiffs who did not care for him in his old age - Testator before signing read the Will and signed in presence of attesting witnesses and witnesses had attested in..........
Will -- Execution - Proof - Onus of proving Will is on the propounder and in the absence of suspicious circumstances surrounding the execution of the will, proof of testamentary capacity and proof of the signature of the testator, as required by law, is sufficient to discharge the onus - However, when there are suspicious circumstances, the onus is on the propounder to..........
Will -- Proof - Two Wills executed - Time gap about 40 days between death of testator and execution of first will - Propounders of both wills taking active part in execution of Will - Shaky signatures of testator on both wills - Testator was suffering from paralysis and his health condition was bad at that time - Feeble mind could be presumed in view of health condition of..........
