Agreement to sell -- Specific performance - Agreement to sell did not bear any signature/seal of stamp vendor - Agreement to sell was thus, surrounded by suspicious circumstance...........
Agreement to sell -- Specific performance - Deed writer who allegedly scribed the agreement to sell admitted that though he maintained a register, however, there was no entry made regarding scribing of the agreement to sell - Original agreement to sell also did not bear any signature/seal of the scribe which could show that he scribed the said agreement to sell -..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Once signature on cheque is admitted by accused, there is presumption u/ss 118, 139 of the Act unless contrary is proved...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - When accused in his reply notice admitted the transaction of availment of loan and when he admits that cheque belongs to him and it bears his signature, question of accused disputing the transaction does not arise at all...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - If cheque is dishonoured for following reasons then it will be sufficient for prima facie case for issuing process, viz. (i) case referred to drawer (ii) instruction for stoppage of payment (iii) exceeds arrangement (iv) insufficient fund (v) signature differed or mismatch (vi) account closed...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Accused admittedly took loan from complainant - However, he failed to prove that he has discharged the entire loan liability - Signature on cheque is not denied by accused - Defence raised by accused not probable - Conviction upheld...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting expert - Comparison of writing on body of cheque - Once defence has been set up by accused that cheque was misused at the instance of complainant, same having been filled up with different hand, it was essential to get the same compared with signature of..........
Will -- Probate - Witnesses of Will stated that at the time of execution of Will testator was in a good physical and mental health and he voluntarily completed all formalities of Will and his signature has been identified by witnesses - Testator executed the Will without any coercion and pressure, fully understanding the contents of Will - There appears no suspicious..........
Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Order 26, Rule 10A -- Handwriting expert - Comparison of signatures - Signatures obtained in open Court which are on suit summons, vakalat and written statement would be later in point of time than the suit agreement of sale - Said signatures are not safe to take as specimen signatures for comparison with disputed..........
Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Order 26, Rule 10A -- Handwriting expert - Comparison of signatures - Signatures obtained in open Court which are on suit summons, vakalat and written statement would be later in point of time than the suit agreement of sale - Said signatures are not safe to take as specimen signatures for comparison with disputed..........
