Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 73 -- Dishonour of cheque - Signature on cheque alleged to be forged - Certified copy of specimen signatures maintained by Bank can be procured with a request to Court to compare the same with the signature appearing on the cheque by exercising powers u/s 73 of Evidence Act...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Signature on cheque alleged to be forged - Additional evidence at appellate stage - Comparison of signatures by handwriting expert - Despite having opportunity, accused did not put any question to the bank official examined in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Plea of non receipt of notice u/s 138 of the Act - It would be for appellate Court to decide such plea on the basis of evidence available on record - There is no requirement for appellate Court to have exercised power u/s 391 Cr.P.C. for summoning the official..........
Mutation -- Grant of mutation on the basis of Will - Challenged on the basis of gift deed - In appeal order of mutation was set aside and mutation was ordered to be granted on the basis of gift deed - This order was set aside in Revision - Civil suit for cancellation of gift deed and injunction pending before Civil Court - Order passed in mutation proceedings will be..........
Criminal Procedure Code, 1973, Section 438, 439 -- Bail - While considering application for bail, scope of appreciation of evidence and other material on record is limited - Court is not expected to critical analysis of evidence on record...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is living in her parental home since the year 2015 - Husband failed to file any documentary evidence regarding income of wife - Trial Court while going through all the liabilities of husband towards his sisters and parents and looking to his assets awarded very meager amount of Rs.2000 p.m - On the..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of Transferee pendente lite - Suit property which is subject matter of suit has been gifted in favour of petitioner by means of registered sale deed - Transfer pendente lite neither illegal nor void ab initio but remains subservient to rights eventually determined by Court in pending litigation - Any judgment in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Date of service of notice - If date of service of notice is not mentioned in complaint then Court can presume u/s 114 of Evidence Act and S.27 of General Clauses Act that notice would have been served within ten days from the date of dispatch - Though it is always open to drawer of cheque to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Date of service of notice - If date of service of notice is not mentioned in complaint then Court can presume u/s 114 of Evidence Act and S.27 of General Clauses Act that notice would have been served within ten days from the date of dispatch - Though it is always open to drawer of cheque to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Directions issued, viz. (i) In a complaint for dishonour of cheque Court will emphasise for filing post tracking report alongwith the complaint, if notice was sent through registered post; (ii) notice sent through `email or whatsapp' if it fulfills the requirement of S.13 of I.T. Act, 2000 is a..........
