Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Propriety - It is neither stated in complaint nor in evidence of complainant/appellant that when accused/respondent received amount and whether it was paid by cash or by cheque or demand draft - Even though a large sum of Rs.4 lakhs is advanced, it is not accounted in income tax returns..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Amount of Rs.7,50,000/- was involved - Inconsistent versions of complaint about subject transaction and execution of cheques - Non-mentioning of loan in income tax returns of complainant - Non-production of any bank statement - Non-filing of any books or statements of account -..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(1)(e), 13(2), , Criminal Procedure Code, 1973, Section 482 -- Disproportionate assets - Duly disclosed in property statements and Income Tax Returns - Held, this by itself does not provide legal inference that the same were lawfully acquired - It is a question of evidence whether the acquisition of properties was..........
Civil Procedure Code, 1908, Order 13 -- Placing of documents on record and its proving - Eviction petition on ground of non-payment of rent - Tenant tended his affidavit in examination-in-chief along with documents and his cross-examination recorded - Petitioner filed application to place and prove on record renewed premium receipt and income tax returns alleging that..........
Evidence Act, 1872, Section 114 -- Suit on the basis of Bahi entry - Non production of income tax returns - Not sufficient to non suit plaintiff as plaintiff produced original Bahi at the time of leading evidence and entries are reflected therein and income tax returns are submitted on the basis of Bahi entries - Bahi entries are the original record regarding transaction..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appeal decided without deciding application - Appeal cannot be remanded to first appellate Court when (a) Application was neither verified nor supported by any affidavit; (b) No document in support of application was produced; (c) It was also not mentioned that receipt of rent was..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Recall of complainant for further cross examination - It was claimed in the application that evidence of compliant pertaining to his income-tax returns and books of accounts were vague and needs further elucidation to enable Court to get the truth of the matter - Application allowed with a direction..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued for discharge of payment of marble purchased - Dispute regarding purchase and delivery of marble - Application moved by petitioner to summon Income-tax returns with a view to see that amount of cheque has been shown outstanding or not - Summoning allowed with direction that same would be..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Repayment of loan - Date or month on which loan advanced not known - Receipt not obtained at the time of advancing loan - Complainant income-tax assessee but loan amount not reflected in income tax returns - Cheque was delivered to complainant through someone and had been issued on a special account..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(i) -- Rate of rent - Assessed by Rent Controller on the basis of Income Tax returns and entries in house tax register - No infirmity - Order upheld...........
