Stabilizers -- Defect in stabilizers - Deficiency is service - The fact that the three stabilizers had started mal-functioning during the warranty period not in dispute - They could not produce any evidence or service record to indicate that they had carried out the necessary repairs - The belatedly produced customer service record purportedly bearing Respondent No.1's..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Lodged by PW1 but not signed by him - It is of no consequence whether FIR contained his signature or not - No material on record that FIR was lodged after some deliberations and consultations - No such case made out - Held, it cannot be said that FIR was lodged after consultations and deliberations...........
Court Fees Act, 1870, Section 7(iv)(c) -- Suit for permanent injunction and declaration - Plaintiff making allegation that instrument was void on the ground that document was forged one and it does not bear the signature of the executor - Plaintiff party to the instrument - Held, plaintiff not required to pay ad volrem court fee...........
Indian Penal Code, 1860, Section 498A, 306 -- Dowry death - Deceased committed suicide as she was treated with cruelty by her husband on account of dowry demand - Husband allegedly demanded dowry by sending two letters to the father of deceased - Handwriting of letters not sent for examination by an expert - Court also did not adopt any method of comparing the handwriting..........
Transfer of Property Act, 1882, Section 3 -- Attestation - In relation to an instrument means and shall be deemed always to have meant attested by two or more witnesses each of whom has seen the executant sign or affix his mark to the instrument, or has seen some other person sign the instrument in the presence and by the direction of the executant, or has received from..........
Evidence Act, 1872, Section 90 -- Documents 30 years old - A document 30 years old prove itself - Proper custody is a condition precedent to the applicability of S.90 of the Act - Proper custody means custody of any individual connected with the deed that his possession of it does not excite any fraud or suspicion - An ancient document ought to be corroborated by some..........
Evidence Act, 1872, Section 45, 47 -- Expert opinion - Document sent to Handwriting expert for opinion as to genuineness of signature of executant - Reasons for opinion received only on eve of examination of handwriting expert - Held, delay in sending reasons for opinion by itself cannot be a valid ground for discarding expert opinion...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Power of attorney holder - Complaint - Singing of complaint and Vakalatnama - Complainant has been permitted to continue with proceedings through her constituted attorney holder `S' - Held, there was no necessity of permitting complainant to put her signature on petition of complaint and..........
Negotiable Instruments Act, 1881, Section 138, 142, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Legally enforceable debt and liability - Presumption as to - Rebuttal thereof - Held, as per S.139 of the Act, it is burden of accused to rebut presumption as S.139 of the Act provides that once cheque contains signature of a particular accused, it has to be presumed..........
Transfer of Property Act, 1882, Section 3 -- `Attested' - Attestation means signature of two or more persons on a document in proof of execution by executant for which one of the attestors has witnessed the execution or attested the document on the acknowledgement of the executant - Attestors need not have acquaintance with the executant...........
