Showing : 31-40 of 50 Results

DELHI HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 37, Rule 1(2)-- Pronote - Provision is applicable to suit based on promissory note - Contention that no summary suit could be instituted for periodical loan - Without any merit...........
DELHI HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 37, Rule 1(2)-- Pronote - Summary suit - Promissory note insufficiently stamped - Even an insufficiently stamped document could be looked into by the Court after impounding the same in accordance with law - At this stage Court can look into the contents of the document as the said document could not be made..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1999
Details
Pronote-- Consideration - When once execution of pronote is established, presumption arises that consideration passed under the pronote unless the executant denies consideration - Plaintiff is entitled to a decree unless there is evidence inconsistent with the presumption - Evidence of plaintiff that no..........
MADRAS HIGH COURT
Year of decision: 1999
Details
Limitation Act, 1963, Section 19-- Acknowledgment - Limitation - Pronote dated 12.10.1986 - Suit filed on 15.10.1989 - Payment of Rs.11, 400/- averred towards suit claim to bring suit within limitation - Burden is on plaintiff to show that payment is towards suit claim - Defendant alleging payments towards chit transaction - Date..........
KARNATAKA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Section 20(c)-- Territorial jurisdiction - Pronote - Plaintiff reserved his right to put forth his demand from any place of his choice for repayment of the debt - Held, Court within local limits of whose jurisdiction promisee resides and issues notice of demand has jurisdiction to entertain suit for money decree..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1998
Details
Limitation Act, 1963, Section 19, Negotiable Instruments Act, 1881, Section 118-- Endorsement on pronote - Alleged to have been made by wife of defendant - No presumption can be drawn u/s 118 Negotiable Instruments Act as to valid payment - Burden lies on plaintiff to prove that it is an authorised payment on behalf of defendant to save limitation - Plaintiff failed to prove..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 7, Rule 7-- Alternative relief - Discretion of plaintiff - Defendant borrowed money, executed a pronote and acknowledged receipt of amount - Also executed agreement that in the event of default of payment no objection to sale of land in favour of plaintiff - Suit for recovery of money decreed - Plea that only..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1998
Details
Pronote-- Agreement to sell - Pronote and receipt executed - Subsequently agreement executed that in default of payment he would have no objection to the sale of land in favour of plaintiff - Pronote and receipt cannot be said to be superseded or nullified by agreement - The agreement was also intended to..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1998
Details
Pronote-- Insufficiently stamped - Marked as exhibit without any objection - When once such a document is admitted and received as evidence without any objection, any objection regarding the sufficiency of the value of the stamp cannot be raised at a later stage - Suit filed on the basis of such pronote not..........
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...........

Showing : 31-40 of 50 Results