Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Neither accused denied his signature in the cheque nor denied receipt of legal notice - Had accused initiated insolvency proceedings or had accused been abducted and cheques forcibly obtained, he would issued a reply notice setting out these facts - Moreover, after perusing original cheque Court does..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction between complainant and DW2/husband of accused - Cheque issued by accused in discharge of DW2's liability to complainant - Liability of DW2 to complainant was at the most for an amount of Rs.30,000 - This is what was recorded in the agreement itself going by testimony of DW2, which fact..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of accused, complainant being a financier would obtain blank promissory notes and blank but signed cheques as security without dates - Plea held, tenable as complainant admitted that he had returned promissory notes and two cheques to accused - Even, explanation given by complainant that notices..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque - A Person who signs a cheque and makes it over to payee remains liable unless he adduces evidence to rebut presumption that cheque had been issued for payment of a debt or in discharge of a liability - It is immaterial that cheque may have been filled in by any person other than the..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Blank cheque - Presumption - Blank cheque leaf, voluntarily signed and handed over by accused, which is towards some payment, would attract presumption u/s 139 of the Act, in absence of any cogent evidence to show that cheque was not issued in discharge of a debt...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - Wife not served with summons and her signatures were obtained on blank papers by her husband and later on misused by converting them into a power of Attorney on her behalf - She came to know of ex parte divorce decree obtained against her by husband only after his death..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Recovery suit for money based on promissory notes - Case was at the stage of trial - Defendants have taken a defence that they had a financial transaction only with proposed third defendant and a blank promissory note was given to him and same is misused by plaintiff - However, defence taken by..........
Army Act, 1950, Section 191, Army Rules, 1954, Rule 23(2), 179, 180 -- Armed service - Dismissal - Assault on Subedar - Court martial proceedings - Summary of evidence - Signatures of respondent obtained in advance on blank papers, as signatures were found at right hand side at bottom of page and second half of page is left blank - Contention of appellant that summary of..........
Negotiable Instruments Act, 1881, Section 4 -- Pronote - Merely because pronote being in Hindi and word `NIL' written in English therein that by itself cannot cast any shadow of suspicion over said document, particularly when document in fact is printed one (in Devnagiri) and it is only blank spaces therein that have been filled in by parties...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank undated signed cheque can be used for initiating proceedings u/s 138 of the Act...........
