Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Comparison of signatures by an expert - Cheque dishonoured for want of insufficient funds and not on the ground of signature not tallying - Order dismissing application, upheld...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 420 Kgs. (14 bags) of poppy husk - Conscious possession - Plea of non production of case property before Court during trial - Sealed parcels of case property were produced before Magistrate - Seals were found intact and Magistrate appended her signatures on the sealed parcel - Held, destruction..........
Negotiable Instruments Act, 1881, Section 138,87,20 -- Dishonour of cheque - Filling the blanks in the cheque by complainant - Expert evidence - Contention that complainant filled up contents of cheque and misused the same - Accused neither disputed his signatures on said cheques nor issuance of same to complainant - Held, proof of filling up of negotiable instruments by..........
Evidence Act, 1872, Section 45,73 -- Expert opinion - Time lag between admitted and disputed signatures - It is for the expert to give his opinion as to whether the two signatures are comparable even in case where there is a time lag between the admitted and disputed signatures - If there is any change in the pattern of signatures, there is no reason why the expert will..........
Evidence Act, 1872, Section 45,73 -- Expert opinion - Time lag between admitted and disputed signatures - If Court is satisfied with the pleadings of the parties and the facts of the case justify sending disputed document for expert's opinion, its decision cannot be questioned only on the ground of existence of time lag between the admitted and disputed signatures...........
Civil Procedure Code, 1908, Section 100, Succession Act, 1925, Section 63, Evidence Act, 1872, Section 68 -- Second appeal - Unregistered Will - One of attesting witnesses to Will duly examined - He stated clearly that testator got Will typed and then thumb marked same upon admitting contents of such Will to be correct in his presence and thereafter he appended his..........
Evidence Act, 1872, Section 27 -- Recovery - Weapons of crime - Not made in conformity with provisions of S.27 Evidence Act - Memos do not bear signatures of accused upon their disclosure statements - All recovery witnesses have turned hostile - Knife recovered from appellant was not blood-stained while knife recovered at behest of co-accused was blood-stained - Report of..........
Consent decree -- Challenged to be the result of fraud - Signatures alleged to have been obtained on blank paper - Held, admission by making statement in Court stands on altogether different footing - Statement made in Court carries authenticity - It cannot be said that statement was recorded on blank paper already bearing thumb impressions/signatures of makers of the said..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Maintainability - Cheque in question prima facie does not bear signatures of petitioner/accused and even account from which said cheque was issued belongs to one `S' and not to petitioner - Held, private complaint filed by respondent against petitioner u/s 138 of N.I. Act was not..........
Negotiable Instruments Act, 1881, Section 118 -- Pronote - Presumption - Execution - Plea of defendant that Commission Agents had obtained his signatures on blank form of pronote-cum-register on the pretext of getting him bonus - Solitary statement of defendant in this regard cannot be accepted to substantiate the said version when plaintiff and marginal witnesses of..........
