Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Dispute regarding rate of interest - If parties amongst themselves agreed to a rate which is not in conformity with Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003, it was for accused to raise an objection or move appropriate forum for getting the same corrected and..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory notes - Recovery suit - Plaintiff discharged the initial burden about passing of consideration and also execution of promissory notes - However, defendants pleaded that suit pronotes are forged and fabricated - Admittedly no steps are taken by defendants to send the suit pronotes along with admitted signatures..........
Hindu Law -- Undivided coparcenary property - Recovery suit - Plaintiff has given money to defendant's brother on pronotes - Suit filed after death of debtor - Admittedly, no steps were taken by plaintiff to attach undivided interest of coparcener/debtor during his lifetime as per S.289 of Mitakshara law - Plaintiff thus, not entitled to relief prayed for in suit for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Funds insufficient - Friendly loan - Accused admitted his signatures on cheque as well as on two pronotes and the fact that he borrowed loan from complainant - Once pronote has been signed and executed by accused, it acts as an acknowledgement of transaction - Presumption arose u/ss 118(a) & 139 of N.I...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Funds insufficient - Friendly loan - Accused admitted his signatures on cheque as well as on two pronotes and the fact that he borrowed loan from complainant - Once pronote has been signed and executed by accused, it acts as an acknowledgement of transaction - Presumption arose u/ss 118(a) & 139 of N.I...........
Civil Procedure Code, 1908, Order 2, Rule 3 -- Different causes of action - Joinder of in one suit - Not permissible - 17 pronotes executed at different point of time and in favour of different persons - It is impermissible for different persons, claiming under different pronotes, to join together and file a single suit - Single suit not maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 34 -- Sale deed - Execution by Court - Executing Court is competent to refer to pleadings, if circumstances warrant for understanding the decree - Suit decreed directing plaintiff to pay balance of consideration agreed after giving credit to amount paid as advance and the amounts due as on the date of filing of suit under two..........
Agreement to sell -- Suit for specific performance - Sale consideration is the money due under two promissory notes - Agreement to sell not executed contemporaneously at the time of borrowing money under pronotes but executed six months thereafter - Inference cannot be drawn from the agreement that it was only a security for payment of outstanding loan and not an agreement..........
Negotiable Instruments Act, 1881, Section 16, Transfer of Property Act, 1882, Section 130 -- Word `Assigned' used in endorsement made on the back of pronote be understood as a direction to pay the amounts mentioned therein to or to the order of a specified person - It is an endorsement in full falling under Section 16 of the Negotiable Instruments Act and not a transfer of..........
