Showing : 111-120 of 137 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Section 115, Order 20, Rule 4-- Pronote - Judgment in Small Cause Suit - Need not contain more than the points for determination and decision thereon - If some reasons are given, High Court in revision cannot alter unless they are absurd and cannot supplement its reasons contrary to the finding...........
ANDHRA PRADESH HIGH COURT
Year of decision: 1997
Details
Pronote-- Material alteration of date - Admission of defendant that his signature was taken on blank papers amounts to admission of hi.s signature on the suit pronote - Defendant raising a plea that date underneath his signature on stamps was materially altered and therefore they are void - His request to..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1997
Details
Interest-- Pronote - Excess rate of interest of 24% mentioned therein - In case the Court comes to the conclusion that interest stipulated in the instrument is excessive, it is within its authority to award interest at a lower rate - Excessive means what the Court deems it so - Held, trial Court was..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Leave to defend - Declined on the ground that the pronote bears the signature of the defendant and is thumb - marked by the witnesses and thus it cannot be taken for granted that the plaintiff had forged and fabricated this document in connivance with the witnesses and has filed the false case -..........
MADRAS HIGH COURT
Year of decision: 1997
Details
Pronote-- On demand - A pronote in which no time for payment is specified is one payable on demand. (Negotiable Instruments Act, 1881, S.19(a)...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1996
Details
Civil Procedure Code, 1908, Order 37, Rule 3-- Suit based on pronote - No mention in the plaint that this document is annexed with the plaint - As the suit is based on pronote as such plaintiff is legally bound to send copy of the pronote alongwith the plaint to the defendant...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1996
Details
Pronote-- Not properly stamped - Inadmissible in evidence - Suit cannot be decreed on the basis of loan received and not paid as in the instant case pronote and receipt were executed simultaneously on the day the loan was advanced and were not executed by way of collateral security...........
ANDHRA PRADESH HIGH COURT
Year of decision: 1996
Details
Negotiable Instruments Act, 1881, Section 16, Transfer of Property Act, 1882, Section 130-- Word `Assigned' used in endorsement made on the back of pronote be understood as a direction to pay the amounts mentioned therein to or to the order of a specified person - It is an endorsement in full falling under Section 16 of the Negotiable Instruments Act and not a transfer of any actionable..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1996
Details
Negotiable Instruments Act, 1881, Section 118(a)-- Pronote - Consideration -Presumption - Initially plaintiff asserting cash consideration - Subsequently asserting past consideration - Both pleas denied - Burden to prove consideration is on the plaintiff due to change of stands - No proof of existence of past consideration - Consideration for suit..........
KARNATAKA HIGH COURT
Year of decision: 1996
Details
Pronote-- Pronote & Receipt - Pronote insufficiently stamped - Not admissible in evidence - Apart from promissory note consideration receipt executed - Acknowledgment of debt shows that the defendant had borrowed the sum and therefore there is an obligation to repay the said sum - Acknowledgment of debt..........

Showing : 111-120 of 137 Results