Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - As per accused he does not recognize complainant and that he never issued any cheque to him - Accused also stated that he did not receive any demand notice - Held, there is no scope to urge that there was no acquaintance between parties - Rather evidence adduced by complainant shows that there were..........
Evidence Act, 1872, Section 32 -- Dying declaration - Recorded by Naib Tehsildar - Not produced in evidence by prosecution - Dying declaration produced and proved by defence - Dying declaration not relied as (i) Certificate of doctor as to fitness of mind of deceased not taken; (ii) No endorsement in the declaration that deceased was fit to make the statement; (iii) As per..........
Will -- Execution - Proof - A Will to be valid should be attested by two or more witnesses in the manner provided by provision of S.68 Evidence Act & S.63 of Succession Act and the propounder thereof should examine one attesting witness to prove the Will - The attesting witness should speak not only about the testator's signature or affixing his mark to the Will but also..........
Contract Act, 1872, Section 134 -- Surety - Liability of - Surety bond containing signature of defendant No.2 - Plea of signing on blank paper - Held, not tenable - Defendant No.2 jointly liable to make payment - Omission of creditor Bank if any can only be considered either on date of filing of suit or on date of judgment...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Revalidation of cheque - Comparison of signature - Revalidation was denied by respondent - Burden was certainly on applicant who was claiming fresh period of limitation based thereon, to prove it by cogent expert evidence - However, she did not even apply for getting the cheque examined by a handwriting..........
Criminal Procedure Code, 1973, Section 294 -- Documents - Genuineness not disputed - Evidentiary value - Held, S.294 Cr.P.C. enables that where genuineness of any document is not disputed, such document can be read in evidence in any inquiry, trial or other proceeding without proof of signature of person by whom it purports to be signed - To invoke provision of S.294..........
Criminal Procedure Code, 1973, Section 294 -- Post-mortem certificate - Death of doctor issuing it - Doctor, who conducted post-mortem, issued post-mortem certificate, could not be examined, as he was no more - No effort is made by prosecution to examine another doctor, who could identify signature and handwriting of doctor, who conducted post-mortem examination and to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Signature on cheque not disputed - Presumption is that such signature has been assigned only after knowing the contents...........
Will -- Genuineness - Propounder is to adduce satisfactory evidence that the will was signed by the testator who was at that time in a sound and disposing state of mind, that he understood the nature and effect of the dispositions and put his signature on the document out of his free will - Propounder of the Will has further to prove that Will is not surrounded by..........
Agreement to sell -- Suit for specific performance - Readiness and willingness - Plaintiff not ready and willing to perform her part of contract - Plaintiff not demanded copies of documents in advance and got sale deed prepared in consultation with defendant - Non-examination of a witness from Postal Department and admission of plaintiff that AD Card does not bear..........
