Civil Procedure Code, 1908, Section 151 -- Statement of witness - - Rectification - Application for - From the trend of cross-examination, it appears that had the witness admitted his signature, cross-examination as made in the manner would not have been done - Held, trial Court directed to recall the witness again to put him specific question whether the said document..........
Criminal Procedure Code, 1973, Section 197, 160, 161 -- Public servant - Sanction for prosecution - Police Officer committing various offences within the four walls of police station while acting or purporting to be acting in discharge of duty u/ss 160 & 161 Cr.P.C. - Such offending acts committed include (i) infliction of physical violence and mental torture on..........
Negotiable Instruments Act, 1881, Section 4, 20, 118 -- Promissory note - Consideration - Proof - Plaintiff not simply placed reliance on the admission of defendant concerning his signature in suit pronote - Plaintiff examined himself and deposed in consonance and in conformity with averments in plaint - One of the attesting witnesses deposed in support of plaintiff's case..........
Agreement to sell -- Execution - Proof - When execution is denied mere proof of signature of the executant not sufficient - Person relying upon such document must further establish that executant affixed his signature after knowing the contents thereof...........
Evidence Act, 1872, Section 73 -- Disputed signatures - Comparison by Court - Offence u/ss 467, 468, 471, 420 IPC - Tampering of timber distribution - Entries in timber distribution application and timber distribution register did not match - When writing and signature were obtained from accused and sent for opinion of Government examiner no proceedings against accused..........
Evidence Act, 1872, Section 73, Evidence Act, 1872, Section 73 -- Disputed signatures - Comparison by Court - Comparison of disputed signatures with post litem motem signatures in the Vakalat and deposition without comparison on any contemporaneous admitted signatures or admitted anti litem motem signature - Ex facie and prima facie untenable...........
Evidence Act, 1872, Section 73, Evidence Act, 1872, Section 73 -- Disputed signatures - Comparison by Court - Court not referring to any of the characteristics found in the disputed signature with that of the admitted signatures - Court cannot hold that disputed signatures tally with the post litem motem admitted signatures on mere subjective satisfaction...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Legality of - Complainant has totally failed to prove his debts against accused person and complainant did not come with clean hands before trial Court and on contrary, accused who was doing job with complainant and complainant with a view to not paying amount of salary as well as bonus,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Expert opinion - Sending cheque to Handwriting expert for examination - Need for - Signature on disputed cheque admitted by accused - Held, there is no need for sending disputed cheque for examination by handwriting expert concerning other part of cheque concerning date, amount etc. alleged to be filled..........
Criminal Procedure Code, 1973, Section 313 -- Accused can be examined u/s 313 Cr.P.C. though his counsel in case Court is satisfied of genuineness from the statement in application and affidavit - Questionnaire to be supplied to the Advocate - Accused to duly answer that together with authenticated affidavit that those were given by the accused himself and to affix his..........
