Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Recovery suit - Defendant denied execution of promissory note and also denied his signature on promissory note - Comparison of admitted signatures of defendant with signature on promissory note shows that defendant signed on suit pronote and there is similarity in signatures - Evidence of plaintiff and..........
Evidence Act, 1872, Section 45 -- Expert opinion - Comparison of signatures on pronote - Recovery suit - Defendant in her written statement categorically admitted that her signature was obtained on a blank pronote as security for the amount borrowed by her husband - There is thus, no purpose for sending pronote to expert for comparison of signatures - Application rightly..........
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 138 -- Dishonour of cheque - Loan - Commission agent - Pre existing `Arhant' relationship between parties - If payment has been made by complainant to accused, it cannot be assumed to be a loan unless otherwise proved - Account books cannot be equated with a promissory note - No explanation as to why loans were given without..........
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..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Pronote - Signatures of defendant on pronote established by handwriting expert - Defendant did not state facts pleaded in written statement on oath in trial Court and avoided witness box so he may not be cross-examined - This by itself is enough to reject claim of defendant that his signature was forged on pronote - Suit..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Pronote - No mandatory provision under the Act that both signature and thumb impression has to be obtained for a pronote...........
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 - 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..........
