Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Recovery suit for money based on promissory notes - Part payment endorsements on promissory notes not marked - No prejudice would be caused to defendant on adducing additional evidence by plaintiff - Application rightly allowed...........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Cash transaction - There is initial presumption of legally enforceable debt - Onus is on defendant to prove that no such amount was given - Sometimes there may be an occasion where even for a cash transaction, a receipt is taken, but absence of the same would not negate and disprove the stand that cash..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Recovery suit - Cash transaction - Merely because a person is not able to prove transfer through official modes i.e. through any negotiable instrument or bank transaction would not lead to conclusion that such amount was not paid through cash, especially when there was a categorical statement to this..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Recovery suit - Specific stand of plaintiff that he has paid Rs.30,80,000 to defendant pursuant to promissory note - Onus would be on defendant to dispel such fact - Merely because plaintiff is not able to prove transfer through official modes i.e. through any negotiable instrument or bank transaction..........
Evidence Act, 1872, Section 45 -- Expert opinion - Comparison of signatures - Contemporaneous signatures - Application for comparison of signatures dismissed on the ground that documents containing admitted signatures were not contemporaneous documents - However, High Court has not made any observation with respect to whether document is contemporaneous or not, nor that..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Money financing business - Complainant doing finance business, as finance/chit company was also being run at the same address mentioned by Complainant - Complainant denied said facts - However, detailed cross-examination as to various dates on which amounts were borrowed and..........
Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Promissory note is not a compulsorily attestable document...........
Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Recovery suit - Plaintiff discharged his burden by producing two original suit promissory notes and also produced sufficient evidence - Burden shifts to defendant to rebut the evidence of plaintiff - To disprove the evidence produced by plaintiff and to discharge his burden, defendant did not enter into..........
Civil Procedure Code, 1908, Order 2, Rule 3 -- Joinder of cause of action - One promissory note was executed by defendant and another promissory note was executed by his deceased father - It constitutes two different causes of actions by two different persons - O.2.R.3 CPC is not applicable...........
Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Recovery suit - Defendant admitted his signatures on promissory note - Evidence of PWs 1 & 2 coupled with promissory note entrenches and establishes that defendant borrowed sum of Rs.1,50,000 from plaintiff and executed promissory note - PW2 is scribe of promissory note - Promissory note is true, valid and..........
