Showing : 1-10 of 55 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 4, Evidence Act, 1872, Section 34-- Pronote - Suit for recovery - Non production of account books - It is of no consequence when there is no evidence on record that plaintiff in fact indulged in business of money lending and obviously plaintiff was not required to maintain books of account...........
MADRAS HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 4, 20-- Pronote - Suit pronote is having required ingredients as mentioned in S.4 of the Act - However, manner of writing and lack of evidence with regard to handing over signed paper to plaintiff has created doubt whether transaction alleged by plaintiff is in accordance with evidence given by PW2 - No..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 118-- Pronote - Partial payment made and new pronote executed of the balance amount - It cannot be said that new pronote was not executed for consideration - S.118 of the Act provides statutory presumption in favour of correctness of negotiable instrument - It was for the defendant to rebut the same -..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 58(4)-- Execution - Money recovery based on pronote - Fraudulent transfer - If decree-holder is able to show that transfer by execution of settlement by judgment-debtor before even filing of suit and subsequent to contacting of money decree amount under pronote a fraudulent transfer to adjudicate, there..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 118-- Pronote - Consideration - Presumption - Recovery suit - Evidence of plaintiff itself shows that he advanced money on request of husband of defendant not by defendant - Passing of consideration in such situation is highly improbable - Once pronote is found to be without consideration, it does not..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 65-- Secondary evidence - Photocopy of pronote and receipt - Recovery suit - Pronote and receipt not proved on record as per provisions of Ss.63, 65 of the Act and photocopy of documents have no evidentiary value in eyes of law - Plaintiff stated that documents in question were lost but no complaint..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 118(a)-- Pronote - Presumption - Suit for recovery - In the instant case, plaintiff is involved in money lending business without obtaining any licence under Money Lender`s Act and defendant admits his signature on pronote and receipt but with a rider that signatures were obtained on blank paper in..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 87-- Material alteration - Pronote and receipt - Interpolation - Amount of 50,000 half of which comes to 25,000 interpolated by adding `4' in 50,000 making it readable as 4,50,000 and by adding `2' in figure 25,000 making it readable as 2,25,000 - When there is plea of interpolation Court to minutely..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2012
Details
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..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 118,4-- Pronote - Amount borrowed in the month of March and pronote executed in the month of August as defendant failed to keep his promise to return the borrowed amount within three/four months - Consideration not paid in presence of witnesses at the time of execution of pronote as it was paid earlier -..........

Showing : 1-10 of 55 Results