Succession Act, 1925, Section 276 -- Will - Probate - Grant of - Due execution and attestation of Will proved on record - Defendant failed to prove that signature of testator on the Will is forged - Testator died issueless and plaintiff is the son of brother of testator - Plaintiff as a beneficiary of Will, not a participant in the Will-making process - Defendant failed to..........
Negotiable Instruments Act, 1881, Section 138, 20 -- Dishonour of cheque - Sending cheque to FSL to ascertain writing on the cheque - Plea of signing blank cheque - Signatures not disputed - If signature on cheque not disputed then filling of instrument by other person is of no consequence - Cheque not required to be sent to FSL - Cheque can be filled by others and it..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte proceedings - Setting aside - Report of personal service and an endorsement of process server in this regard with signature of defendant - Absence of plea that endorsement does not bear his signatures - No averment that defendant has no cordial relations with other defendants who are his family members, in order to..........
Negotiable Instruments Act, 1881, Section 87 -- Material alteration - Endorsement on the reverse of promissory note - Endorsements merely record details of cheque issued as guarantee against loan advanced - There is no signature either of plaintiff or defendant on said endorsement - More so, endorsement cannot be said to be on the face of promissory note and is not even..........
Negotiable Instruments Act, 1881, Section 138, 118, 139 -- Dishonour of cheque - Rebuttable presumption - Once the signature in the cheque has been admitted, complainant shall invoke presumption u/ss.118 & 139 of the Act that the cheque has been issued for discharging legally enforceable debt...........
Negotiable Instruments Act, 1881, Section 138, 118, 139, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Presumption - Admittedly signature in the cheque has not been disputed - Cheque has been issued to `R' in another transaction and not to the respondent/complainant - Moreover, it is duty of the accused to prove that the cheque has been issued to..........
Criminal Procedure Code, 1973, Section 439(2), 482, Indian Penal Code, 1860, Section 420, 406, 467, 471, 120B -- Criminal breach of trust - Grant of bail - Accused and complainant are directors ofthe same company - Allegation of complainant that accused persons applied for loan on his false signature and manipulated the accounts of the company - In reply, accused stated..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Indian Penal Code, 1860, Section 120B -- Discharge - Conspiracy conferring undue advantage upon owners of land - Four agreements to sell - Agreement unilateral as they did not bear the signature of appellants and such agreements recovered from the vendors themselves - Mere execution of such agreements cannot be..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 73 -- Dishonour of cheque - Disputed signatures - Since, signatures on cheque-1 (Ex.P.1) is different from the signature found on cheque-2 (Ex.P.2) are mutually incongruous - Signatures found on cheques are nothing but forged signatures - Moreover, cheques in question have not been given in..........
Evidence Act, 1872, Section 45 -- Expert Opinion - Comparison of handwriting or signature - Merely because the time gap between admitted and disputed handwriting/signature is long, does not bar Court from sending disputed handwriting/signature for comparison to an expert...........
