Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan - Complainant deposed that loan is shown in income tax return - However, income tax return not produced - Held, when legal presumption is available in favour of complainant which is not rebutted then no corroboration is required to version of complainant by submitting income tax return -..........
Civil Procedure Code, 1908, Order 19, Rule 3 -- Affidavit in evidence - Cannot contain matters of surmise, legal arguments or conjecture and cannot controvert pleadings on record of either party...........
Rent and eviction -- Surrendering of tenancy - Demolition of dilapidated building - Since letter of surrender of tenancy remains unquestioned and document by which a fresh tenancy was allegedly created fails, the legal effect is that the tenancy has been surrendered unequivocally and unreservedly without tenants possessing any further right in respect of property in..........
Service -- Pension - Qualifying service - Petitioner rendered service uninterruptedly as employees of Supreme Court Legal Services Committee - No distinction therefore, can be made between service prior to promulgation of Supreme Court Legal Services Committee Rules - Since petitioners have been regular employees of Supreme Court Legal Services Committee, their entire..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration that plaintiffs are only legal heirs of deceased and mutation of inheritance is liable to be entered and sanctioned in their favour - Suit filed against general public - Respondents being a member of general public has every right to contest suit - Even otherwise,..........
Tenancy -- Relinquishment of right - Once mother of defendant as legal heirs of original tenant had relinquished her right in tenancy in favour of her brother, then her son cannot claim any such right...........
Criminal Procedure Code, 1973, Section 164 -- Confessional statement - Offence u/s 304-A IPC - Accused on his own volition surrendered before Police along with three witnesses - There is no evidence of coercion on record - When accused was produced before Magistrate as required u/s 164 Cr.P.C, he was warned of consequences of recording confessional statement - There is..........
Partition suit -- Maintainability - When plaintiff himself admitted that he is an orphan and not established that he is legal heir, he is not entitled for partition - Partition suit not maintainable at the instance of plaintiff...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of accused is that complainant has stolen cheque from him in his house - Plea held, not tenable as accused admitted his signature and contents of cheque - Even, accused could have replied to legal notice stating that cheque has been stolen from him - Moreover, accused has not chosen to file any..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 324 -- Bail - Offence u/ss 307, 324 IPC - As per MLR, there were 11 injuries on persons of injured out of which 8 were caused by blunt weapon while 3 were caused with sharp edged weapon - Even, attending doctor in medico legal summary opined injuries to be grievous therefore, in view of..........
