Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 243 -- Dishonour of Cheque - Sending cheque to document expert - There were no material alterations in the form of eraser or over writings or corrections - Plea of accused was that a blank cheque was given as security - Held, question as to whether any authority was given to the..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Insufficiently stamped document - Admissibility - Document marked in evidence unopposed - Application U.O.13.R.4 CPC filed by petitioner to recall the said order marking document on the premise that document was insufficiently stamped rejected - Legality of - Held, application rightly rejected...........
Civil Procedure Code, 1908, Order 21, Rule 16, Specific Relief Act, 1963, Section 15(b) -- Decree for specific performance - Enforcement by assignee - Held, implied prohibition against assignment of a transfer of a right cannot be inferred unless words or expression in the document clearly indicate such prohibition - If in the document, there is no such prohibition, the..........
Civil Procedure Code, 1908, Order 37 -- Summary suit - Demand for interest not supported either by document or by law - Merely for this reason suit does not cease to be a summary suit...........
Evidence Act, 1872, Section 114(g), 32, Criminal Procedure Code, 1973, Section 161 -- Dying declaration - Suppression of - Presumption - Held, when an important document has been suppressed without there being any explanation, an adverse inference can be drawn u/s 114(g) of Evidence Act, 1872 - A presumption can be raised from willful withholding or suppression of useful..........
Criminal Procedure Code, 1973, Section 207 -- Supply of copies of document - Accused allegedly committed offence u/s 3 of Official Secrets Act, when copies of certain official notings and documents relating to classified information regarding defense of nation recovered - Accused sought copies of these documents u/s 207 of the Code - Vide impugned order, state chose not to..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Exhibiting a document - Objection as to admissibility - If an objection as to admissibility is taken on the question of relevance, Court shall summarily deal with it in the light of the facts required to be established in the case - It need not be through an elaborate speaking order - However, if the matter requires a..........
Civil Procedure Code, 1908, Order 13, Rule 4, 6, Civil Procedure Code, 1908, Order 18, Rule 4 -- Exhibiting document - Objection - Held, objection has to be dealt with then and there by passing verdict thereon after hearing concerned parties - Practice of considering the objection at the time of arguments, deprecated...........
Civil Procedure Code, 1908, Order 7, Rule 14, Civil Procedure Code, 1908, Order 8, Rule 1-A, Civil Procedure Code, 1908, Order 13, Rule 1 -- Late production of documents - Any document which ought to have been produced along with the plaint or written statement, if not produced, can be produced with the leave of the Court at the subsequent stage at the time of hearing -..........
Civil Procedure Code, 1908, Order 26, Rule 10-A -- Scientific investigation of a document - Application filed after 10 years of filing of written statement - Reason for not filing application immediately after filing written statement not explained - Application with intention to prolong proceedings rightly rejected...........
