Negotiable Instruments Act, 1881, Section 118, Evidence Act, 1872, Section 3 -- Recovery suit on basis of pronote and receipt executed by defendant - Defendant referred to statement allegedly made by plaintiff in criminal case - However, said statement not part of evidence in recovery suit - Held, same cannot be referred to - Statement allegedly made by plaintiff in..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption u/s.118 and 139 - Legal and enforceable debt - Petitioner/accused neither issued any reply to statutory notice nor cross-examined complainant - He did not let in oral evidence by way of examining defence witness and did not produce any documents - Held, presumption u/s.118 and 139..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Tampered with - Figure `1' added to figure 25, 000 to read it 1, 25, 000 - Suit cannot be decreed merely for the reason that defendant admitted his signatures...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Accused took loan from the complainant and executed promissory note in lieu thereof - Subsequently accused issued two post dated cheques for the repayment of loan obtained against promissory notes - No evidence that cheques were given by way of security - Held, cheques were issued in discharge of subsisting legal..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Pronote - Purpose of advancing loan not mentioned - When consideration is proved then merely because purpose is not mentioned in the pronote the same is not a ground to discard the pronote...........
Negotiable Instruments Act, 1881, Section 138, 118(a), 139 -- Dishonour of cheque - Examination of cheque by an expert - Plea that date and figures are not in the hand of accused and that amount is filled according to choice of complainant - Trial Court rejected application on ground that there is admission with regard to signatures on the cheque - Held, when accused..........
Negotiable Instruments Act, 1881, Section 118 -- Pronote - Suit for recovery of loan amount - Once plaintiff is able to prove execution of pronote, it is executant of pronote, who has to rebut presumption available u/s.118 of the Act...........
Negotiable Instruments Act, 1881, Section 118 -- Pronote - Suit for recovery of loan amount - First Appellate Court awarding pendente lite and further interest on decretal amount - Said grant of interest is impermissible...........
Negotiable Instruments Act, 1881, Section 138, 142, 118, 139 -- Dishonour of cheque - Pre mature complaint - There is no period that is prescribed before which complaint cannot be filed - Notwithstanding a complaint being filed prior to the accrual of the cause of action, Court may not take cognizance till the time cause of action arises and it is only the date of the..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Once issuance of cheque is proved then burden shifts to accused to prove that it was not issued in order to discharge any existing legal liability for repayment of debt - Standard of proof for rebuttal of such presumption is not heavy - The accused is required to strengthen his..........
