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Results of promissory note suit

Showing : 1-10 of 55 Results

KARNATAKA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 37, Rule 1 -- Recovery suit - Hand loan - Alteration of year of promissory note in legal notice - Merely because there is an alteration in the year of Promissory note in legal notice, by itself cannot be concluded that there was no such loan transaction - Wrong mentioning of year in legal notice was purely due to typographical error and..........

KARNATAKA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 37, Rule 1 -- Recovery suit - Hand loan - Plaintiff successfully established that defendant had availed a hand loan of sum of Rs.34,000 and defendant failed to repay the same - Defendant though had taken a contention that it was in connection with chit transactions, he had executed demand promissory note and delivered to plaintiff, but he..........

KARNATAKA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 34 -- Interest - Recovery suit - Hand loan - Plaint averment regarding agreement towards rate of interest so also on demand promissory note are silent about same - Introduction of rate of interest at 21% thus, for first time in evidence cannot be believed - Reasonable interest therefore, can be awarded - Rate of interest thus, modified..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 4, 118, Civil Procedure Code, 1908, Order 7, Rule 2 -- Suit for recovery on basis of promissory note - Presumption - Default in payment of loan borrowed by promisor/defendant despite issuance of legal notice - Plea of promisor/defendant that promisee/plaintiff fail to mention loan amount in his income tax return thereby he fail to..........

MADRAS HIGH COURT

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 118 -- Promissory note - Presumption - Execution of promissory note proved by plaintiff with the help of attesting witness - Legal presumption u/s 118 of the Act attracted - Defendant has not brought any circumstance to rebut said presumption - By mere denial of signatures on promissory note, one cannot succeed in rebutting legal..........

MADRAS HIGH COURT

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 118 -- Promissory note - Consideration - Presumption - Promissory note executed towards payment of dowry as security for such payment - No consideration passed under promissory note - More so, four persons executed the promissory note - Plaintiff not disclosed that one of said persons not signed promissory note - He thus,..........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Recovery suit - Trial Court dismissed application U.O.9.R.13 CPC without assigning any reasons much less cogent and valid reasons - Mere no, filing of medical certificate itself is not a valid ground to dismiss the application - Court has to take into consideration totality of facts and..........

MADRAS HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Defendant has taken a definite stand that promissory note on the basis of which suit has been filed by plaintiff was not executed by him and same was forged and fabricated - Defence sought to be raised clearly shows triable issues in the case and defendant has good defence -..........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2018
Details

Negotiable Instruments Act, 1881, Section 118(a) -- Promissory note - Presumption - Recovery suit - Execution of promissory note is not disputed by defendant, though he denied consideration and attestation - Suit promissory note is not a compulsorily attestable document - Since execution of promissory note admitted by defendant, burden is on defendants to prove his case,..........

MADRAS HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 13, Rule 3 -- Rejection of inadmissible document - Suit for recovery of money - Promissory note not properly stamped - Defect cannot be rectified - Document held inadmissible - Rejection of document proper...........

Showing : 1-10 of 55 Results