Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 73 -- Dishonour of Cheque - Signature on cheque - It is undisputed fact on record that disputed cheque was issued from cheque book of applicant - Initially, the case was contested by applicant on the defence that cheque was not given in consideration of some loan but the same was given as security..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque in question does not bear signature of accused - It has also come in evidence that accused did not close his account but it was closed by bank itself on very day (Day of dishonor of cheque) since there was no balance for debiting the service charges - Held, accused has rebutted the presumption..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - One portion of cheque containing signature of drawer produced with complaint - Partial destruction of instrument narrated as snatching by accused and destroying a portion of the cheque - Plea of accused that he cannot be prosecuted on the basis of a mutilated cheque that does not even contain the number..........
Will -- Execution - Proof - There is no requirement of law that attesting witness should be knowing the contents of Will - The only requirement is that the testator of the Will should put his signature or thumb mark as the case may be in presence of two or more witnesses and that the said witnesses also should put their signatures in presence of the testator...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Complainant admitted in her cross examination that at the time of sale deed, accused had paid Rs.60,000/- - Complainant also admitted that hand writing on counter foil of the cheque is hers and it does not bear signature of accused - There is no explanation in her notice and..........
Will -- Execution - Proof - Executant used to sign but thumb marked the Will - However, there is only one signature of executant which is a copy of a passport wherein signatures are in a haphazard manner - On other documents available on record such as vaklatnama and power of attorney filed in a suit against appellant, executant has thumb marked - Handwriting expert gave..........
Will -- Execution - Essential requirements - Testator must sign or affix his mark on the Will or the same shall be signed by some other person as per his direction and in his presence - The signature or mark of the testator or the signature of the person signing for him shall be placed in a manner which may convey the intention of the testator to give effect to the writing..........
Will -- Alterations - Any alterations made after execution has no effect unless such alteration has been executed in the same manner in which the Will is executed - However, such alteration shall be deemed to be duly executed if the signature of the testator and the subscription of the witnesses is made in the margin or on some other part of the Will opposite or near to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - At the stage of defence evidence, petitioner/accused moved an application seeking direction to complainant to adduce evidence of a finger print and hand writing expert - Trial court rejected application for the reason that accused cannot compel complainant to..........
Will -- Suspicious circumstances - Certain questions were put to PW1 during his cross-examination as regards position of signatures of testatrix in Will - In Will in Page No.4, unlike other pages type writing comes till end of paper and signature of testatrix is found in a small space - At end of Will, after description of properties, signature of testatrix and signatures..........
