Negotiable Instruments Act, 1881, Section 118(a) -- Pronote - Presumption - Suit for recovery - In the instant case, plaintiff is involved in money lending business without obtaining any licence under Money Lender`s Act and defendant admits his signature on pronote and receipt but with a rider that signatures were obtained on blank paper in fiduciary relationship -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 464 gms charas - Recovery effected from bag of accused when he was travelling in bus - Search, seizure, sampling proceedings were completed at the spot strictly in accordance with law - Case property was produced before PW11, who resealed the same with six seal impressions - PW2 and PW9 though..........
Negotiable Instruments Act, 1881, Section 138, 118, 139 -- Dishonour of cheque - Rebuttable presumption - Once the signature in the cheque has been admitted, complainant shall invoke presumption u/ss.118 & 139 of the Act that the cheque has been issued for discharging legally enforceable debt...........
Evidence Act, 1872, Section 45 -- Expert Opinion - Comparison of handwriting or signature - Merely because the time gap between admitted and disputed handwriting/signature is long, does not bar Court from sending disputed handwriting/signature for comparison to an expert...........
Evidence Act, 1872, Section 65, 66 -- Secondary evidence - When xerox copy of power of attorney produced by plaintiff in evidence and signature and contents of said power of attorney were admitted by defendant there was no question of proving the said document as required under Evidence Act...........
Will -- Proof - Attesting witnesses admitted that testatrix made her signature on Will before them and said Will had been explained and read over to testatrix - No evidence that Will had been executed by testatrix under duress and coercion - Testatrix has distributed properties owned by her amongst all family members and beneficiaries of Will are enjoying the properties -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Opium - Recovery of 450 gms - Chance recovery - Accused not apprehended on the basis of secret information and on checking polythene bag containing 450 gms of opium recovered from the right hand of accused - Independent witness was given up before Trial Court but he admitted the fact of appending signature..........
Negotiable Instruments Act, 1881, Section 138, 20, 87 -- Dishonour of cheque - Material alteration - Contents of cheque - Expert opinion - Signatures when admitted then contents of cheque cannot be disputed - Drawer of cheque can give a blank cheque being filled up subsequently - Difference in the handwriting or ink pertaining to material particulars filled up in..........
Indian Penal Code, 1860, Section 380, 413 -- Theft - Stolen property - No recovery effected from accused persons - No evidence to prove that accused `M' purchased stolen articles from co-accused - PWs admitted that no notice was issued to complainant before identification proceedings - Identification proceedings does not bear the signature of witnesses - Prosecution failed..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan admitted - Plea of return of loan - Repayment of loan entered in a diary, which is alleged to bear the signature of complainant - Complainant denied her signature - No evidence to prove the alleged signatures of complainant - No handwriting expert examined to prove the alleged signature of..........
