Criminal Procedure Code, 1973, Section 216, 217 -- Alteration/addition of charges - Prejudice - There must be fresh trial on said altered/new charges - Opportunity to recall witnesses also be given to prosecution u/s 217 Cr.P.C...........
Contract Act, 1872, Section 62 -- Novation - Escalation of price, reduction of quantity of supply order and extension of date of supply - Do not amount to novation or alteration in supply order...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank or incomplete cheque - Alteration therein - Held, it is open to a person to sign and deliver a blank or incomplete cheque and is equally open for holder to fill up blanks and specify amount therein - This does not amount to any alteration in cheque if cheque was not initially signed and issued for..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - Charge may be altered at any stage prior to delivery of judgment - This does not imply that in all cases decision should be deferred to the judgment stage...........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - Decision cannot be deferred to judgment stage and completion of the entire evidence of the parties - Decision at an earlier stage is not expression of opinion of Court on merits of the case...........
Rajasthan Rent Control Act, 2001, Section 9(c) -- Eviction - Material alteration - Held, if it is proved that construction has been raised by tenant materially altering premises and tenant is not able to show that such material alteration was made with permission of landlord in writing then tenant shall be liable to be evicted - But nonetheless, in terms of provisions of..........
Negotiable Instruments Act, 1881, Section 138,87 -- Dishonour of cheque - Alternation in date - It is material alteration - Material alteration renders the instrument void if it is not with consent of both the parties or was made by drawer - No such evidence - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Conviction - Sessions Judge set aside conviction and directed Magistrate to get an expert opinion regarding alleged alteration in cheques - Accused persons had filed petition to send cheques for opinion of handwriting expert which was disallowed by Magistrate - High Court..........
Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Acquittal - Validity - Complainant has failed to prove beyond all doubts that overwriting and change in the date of cheque was made by accused, cheque itself had become void in view of S.87 of the N.I. Act, as there was material alteration in the same - Accused has been able to rebut presumption..........
Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Putting date on cheque - Whether a material alteration? - Held, generally, any material alteration of a negotiable instrument renders document void as against anyone who is a party thereto, at the time of making alteration and does not consent thereto, unless it is made in order to carry out common..........
