Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Defendant denied the execution of promissory note and plea taken that it was forged - Plaintiff discharged his burden by examining one of attestor in the pronote as PW2 and examining scribe of pronote as PW3 - Court compared the signatures on pronote with signature of defendant on suit summons and came to..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Pronote - Minor alterations regarding date of pronote and receipt were neither set up in defence nor even proved to have caused any prejudice to defendant, also may not come to his rescue, particularly when no complaint or any FIR regarding any forgery about execution of two documents in question was ever made by..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Pronote - Signature of defendant over pronote as well as receipt have been proved on record by handwriting expert - Suggestion having been put to plaintiff in his cross-examination that amount stands paid itself establishes the factum of payment of money against pronote - On the contrary no evidence was produced on record..........
Negotiable Instruments Act, 1881, Section 4, 118(a) -- Pronote - Signature of defendant on pronote established by handwriting expert - No contrary evidence led by defendant to disprove his signature on pronote - Even, execution of pronote established by plaintiff by examining deed writer - Non-examination of witness to pronote cannot be held against plaintiff - No rebuttal..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for recovery on basis of pronote - Whether plaintiff has proved execution of pronote and receipt by leading cogent evidence, can be said to be a question of fact - It cannot be said to be question of law much less substantial question of law - High Court thus, committed a serious error in upsetting concurrent..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Pronote - Burden of proof - Once plaintiff proves execution of pronote by adducing acceptable evidence, burden shifts on to defendant to prove that pronote was not supported by consideration...........
Negotiable Instruments Act, 1881, Section 4, 118 -- Pronote - Consideration - DW1 stated that he was present at the time of execution of pronote and receipt but consideration amount was never handed over in his presence - DW1 is nephew of defendant - Admittedly nether pronote nor receipt bear signature of DW1 - In fact DW1 in his cross examination admitted that he was not..........
Negotiable Instruments Act, 1881, Section 118 -- Pronote - Loan amount - Source of money - Prima facie it is irrelevant as to where plaintiff had sourced his money from, to lend same to defendant, as long as otherwise plaintiff has discharged his onus qua execution of pronote and receipt etc. to advance loan to defendant...........
Negotiable Instruments Act, 1881, Section 118 -- Pronote - Plaintiff is not required to prove his capacity to make said payment at the time of execution of pronote and receipt and any deposition made by him qua same in his cross-examination is of no consequence...........
Negotiable Instruments Act, 1881, Section 118 -- Pronote - Recovery suit - Plaintiff had discharged her burden by proving pronote by examining PW2 and scribe - Signature as well as thumb impression found on document to be that of defendant - However, defendant has not taken any steps to positively prove contrary by calling expert - In such circumstances, Courts below after..........
