Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Issuance of cheque and signatures admitted - Presumption of legally enforceable debt arises - It is for accused to rebut said presumption...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Issuance of cheque and signatures admitted - Accused had taken different stands with regard to cheque in question but same not proved - Accused failed to rebut the presumption - Mere statement by accused in itself is insufficient to raise suspicion with regard to entire case of prosecution -..........
Will -- Proof - Execution of Will admitted by defendant - Will not to be used as evidence until it is proved in the manner prescribed u/s 68 of Evidence Act - This position cannot be diluted even if opposite party has not specifically denied the execution of Will...........
Civil Procedure Code, 1908, Section 100, Order 6, Rule 17 -- Second appeal - Amendment in memo of appeal - Appeal not admitted - Facts and grounds mentioned in the memorandum of appeal do not amount to improvement of basic pleadings of parties and even can be argued orally - Therefore, if additional facts and grounds as proposed by appellants are allowed to be amended in..........
Negotiable Instruments Act, 1881, Section 138, 141, 142, Indian Penal Code, 1860, Section 420, 406, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion to know about writing on cheque - Signatures admitted - Issue as to who filled up the cheque is to be examined at the time of final adjudication - Dismissal of application calls for no interference...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Husband admitted that he was earning a monthly income of Rs.42,900/- - Mere fact that wife was enrolled with Bar Council of Rajasthan, would not mean that she could maintain herself and her daughter - Maintenance rightly granted to wife and daughter...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Wife admitted that she is residing separately for last about 8 years and during this period they have no relations - She had never complained against her husband for not taking her back and she has also not filed petition for restitution of conjugal rights - No intention on the part of wife to resume..........
Partition suit -- Plaintiffs being widow and son of deceased claiming 1/7th share in suit property - School certificate issued in name of plaintiff no.2 without mentioning father's name cannot be taken as proof that deceased is father of plaintiff no.2, particularly when plaintiff no.1 herself admitted that prior to her marriage with deceased, she got married to another..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Execution and issuance of promissory notes not in dispute and signature found in promissory notes have been admitted, there is no need or necessity for plaintiff to give explanation for not obtaining thumb impression in suit promissory note...........
Protection of Women From Domestic Violence Act, 2005, Section 19 -- Eviction suit against daughter-in-law - Impleadment of husband - Shared household - Where shared household is admitted by father-in-law, there was no need to implead husband, particularly when he has not claimed any right in suit property...........
