Notice -- Law not prescribing how to be served - No necessity to send by registered A.D. post - Notice when served to son who accepted but refused to put his signature as a token of acceptance and thereafter also affixed a copy of notice on gate - Held, notice duly served...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Mere proof of signature on cheque is not proof of its execution - In the absence of any positive evidence regarding the execution of the cheque by accused, it is to be held that the accused had issued only blank cheque and the same was not executed by him - Simply because the cheque contained the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque theory - `Drawn' - Has to be understood as execution - Putting signature on the blank cheque is not equivalent to the word `drawn' - Word `Drawn' in the provision has to be understood as `execution' of cheque...........
Consent decree -- Challenged on grounds of fraud and impersonation - Set aside on following grounds - - (i) Summons for service of defendant sent on wrong address, not served upon her. (ii) Advocate alleged to have appeared on behalf of defendant, well acquainted with plaintiff and his father. (iii) Statement of plaintiff in the said suit and advocate reveals that..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Repayment alleged - Receipt produced in defence evidence - In rebuttal complainant filed an affidavit that he never issued such receipt and it does not bear his signature and it is forged - Complainant once again cross examined and he once again denied his..........
Will -- Execution - Proof - Onus of proving the Will is on the propounder - Testamentary capacity of the propounder must also be established - At least one attesting witness is required to be examined for the purpose of proving the execution of the Will - It is required to be shown that the Will has been signed by the testator with his free will and that at the relevant..........
Will -- Signature of testator alleged to be obtained under undue influence or coercion - Onus to prove is on the party who so alleges - If the propounder proves that the Will was signed by the testator and he at the relevant time was in sound disposing state of mind and understood the nature and effect of disposition, the onus stands discharged - For the aforementioned..........
Will -- Suspicious circumstances - (i) When a doubt is created in regard to the condition of mind of the testator despite his signature on the Will; (ii) When the disposition appears to be unnatural or wholly unfair in the light of the relevant circumstances; (iii) Where propounder himself takes prominent part in the execution of Will which confers on him substantial..........
Identification of Prisoners Act, 1920, Section 5, 6 -- Finger impressions or specimen writing or of signature or exposing a part of the body for purpose of identification - Does not amount to be a witness against himself...........
Criminal Procedure Code, 1973, Section 164, 281 -- Confessional statement u/s 164 - Recording of - Procedure to be followed - Held, Magistrate while recording of confessional statement, before taking up such exercise is required to explain to the person making such confession that he is not bound to make such confession and the said person must be informed that if he does..........
