Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards discharge of loan liability - However, in the verification statement word `security' was used - Held, statement of complainant should be read as whole - Merely because the word `security' has been used , would not mean that cheques were not issued in discharge of debt or liability..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Accused living in Sharjah - Accused contended that before issuing process, Magistrate should himself enquire into the case or direct investigation to be made by a police officer for the purpose of deciding whether or not there is sufficient evidence for..........
Evidence Act, 1872, Section 32 -- Dying declaration - Plea that dying declaration is a brief statement and does not contain details of the occurrence - Dying declaration which is voluntarily made by the deceased in a fit state of mind, cannot be discarded on the ground that it was a brief statement and did not contain details of the occurrence...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Recorded by Magistrate - Certificate of doctor that deceased was in a fit mental condition - No reason for Judicial Magistrate to record a wrong statement - At the time of recording dying declaration except husband, no other relative was present - There was no reason for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan against hire purchase agreement - Hire purchase agreement and statement of account relating to hire purchase transaction not produced on record - In absence of documentary proof it cannot be said that accused ever entered into hire purchase agreement with the complainant - Acquittal upheld...........
Civil Procedure Code, 1908, Order 14, Rule 1, Limitation Act, 1963, Article 64, 65 -- Adverse possession - Claim for - Framing of issue - Appellants have not pleaded adverse possession in written statement - Respondents nor admitted title of respondents over suit property - There are no pleadings that true owner had abandoned their rights in favour of respondents by their..........
Civil Procedure Code, 1908, Order 7, Rule 1(d) -- Rejection of plaint - Suit when barred by provisions of Limitation Act by very statement in the plaint then plaint can be rejected U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 8, Rule 10 -- Ex parte decree - Setting aside of - Written statement not filed by defendants - Ex-parte decree granted in favour of plaintiff - Application for setting aside ex-parte decree - Maintainability of - Held, a decree passed U.O.8.R.10 CPC is an ex parte decree and for setting it..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 21 -- Recovery of 55 grams of heroin - Accused convicted - Appeal - Accused while in custody of another criminal case made confessional statement and got recovered heroin from his clinic - Witnesses to this confessional statement turned hostile - Earlier also the premises of the clinic was searched in..........
Evidence Act, 1872, Section 27 -- Discovery of dead body in forest from a grave yard at the instance of accused after 3 months of alleged abduction of victim - Body decomposed and was in unidentifiable stage - Discovery statement was made orally and not drawn into writing - Held, though oral discovery statement is not inadmissible in evidence, still evidence of witnesses..........
