Civil Procedure Code, 1908, Section 100 -- Second Appeal - New plea - Money suit on the basis of pronote and receipt - Suit decreed - Appellant taking plea that pronote and receipt are not sufficiently stamped - This plea neither pleaded in written statement nor raised before trial court - Held, appellant is estopped from raising this plea for the first time in regular..........
Negotiable Instruments Act, 1881, Section 118 -- Pronote - Suit for recovery of loan amount - Once plaintiff is able to prove execution of pronote, it is executant of pronote, who has to rebut presumption available u/s.118 of the Act...........
Negotiable Instruments Act, 1881, Section 118 -- Pronote - Suit for recovery of loan amount - First Appellate Court awarding pendente lite and further interest on decretal amount - Said grant of interest is impermissible...........
Negotiable Instruments Act, 1881, Section 4 -- Pronote - Attesting witness - Attesting witness nephew of the respondent - Does not imply that he could not be an attesting witness to a duly executed document...........
Negotiable Instruments Act, 1881, Section 118 -- Pronote - Suit for recovery on the basis of pronote - Scribe of pronote and receipt not examined - Plaintiff stated in cross examination that he collected Rs.2,50,000/- by sale of his land which fact he could not prove - Amount of sale not reflected in income tax return - Held, presumption that every Negotiable Instruments..........
Negotiable Instruments Act, 1881, Section 4 -- Pronote - Long standing dispute between parties even prior to execution of pronote and receipt - Held, if it was so neither the defendant could approach the plaintiff for borrowing the amount in dispute nor the latter could give such a huge amount as a loan to the defendant...........
Negotiable Instruments Act, 1881, Section 4, 87 -- Pronote - Material alteration in the name of father of plaintiff - Not explained as to under what circumstances it had crept - If this alteration had been introduced at the time of execution of pronote the initials/signatures of defendant would have been obtained to authenticate these material alterations - In absence of..........
Punjab Regulations of Accounts Act, 1930, Section 3(1)(a)(b) -- Suit for recovery on basis of pronote decreed - Appeal filed by defendant met the fate of dismissal - Defendant contended that plaintiff has not complied with provisions of Ss.3 & 4 of Act of 1930 as he failed to furnish copy of statement of his account - Neither any such plea was raised by defendant/appellant..........
Negotiable Instruments Act, 1881, Section 4, 67 -- Pronote - Cutting and overwriting - Overwritings denied by scribe - Held, these can be deemed to be introduced later on...........
Negotiable Instruments Act, 1881, Section 4, 67 -- Pronote - Material alterations - Alteration may be material by change of date, time and place of payment or by change in the sum payable or its medium or in the interest to be paid or it may be as affecting the number or relation of parties or legal character of instrument - Effect of material alteration is that it renders..........
