Evidence Act, 1872, Section 45 -- Handwriting expert - Comparison of disputed signatures - Promissory note - Interpolations - Court can examine document and record its findings subject to raising plea of material alternations in written statement - But Court cannot order for examination of disputed signatures with admitted signatures on vakalat and written statement which..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Sum of Rs.30 lakhs paid by plaintiff to defendant on execution of promissory note - Defendant denied owing anything to defendant - Plea also taken that promissory note is forged and fabricated - Plea without substance being not based on any probable defence - Trial Court granted leave to..........
Negotiable Instruments Act, 1881, Section 87 -- Promissory note - Material alteration - Alteration in date so as to bring suit within period of limitation - It is a material alteration - It renders the document void...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan amount - Financial capacity of complainant - Non filing of ITR - Pales into insignificance when loan transaction and outstanding liability is clearly evidenced by Memorandum of Settlement, receipt executed by accused on the same day and promissory note...........
Civil Procedure Code, 1908, Order 37 -- Summary suit for recovery of money - All suits which are for money recoverable on a written contract or on a bill of exchange, hundies or a promissory note are subject matter of a summary suit U.O.37 CPC...........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Suit for recovery of money - Based on promissory note - Legal notice issued to drawer upon failure to repay money - Drawer denied execution by stating that he was working elsewhere and has no sufficient means - Attestor and scribe confirm execution of promissory note and passing of consideration - No reply was given by drawer..........
Limitation Act, 1963, Section 2(k), Article 34 -- Promissory note - Where there is a specific promise to pay back the money, within a limited time as envisaged u/s 2(k) of the Act, a further clause adding additional burden of interest on defendant, in case of default, would not destroy or dilute or alter the nature and character of earlier promise made to repay the amount..........
Limitation Act, 1963, Article 34 -- Limitation - Promissory note - Promise to pay loan within two years - Limitation to file suit starts on the last day of promise to repay the loan amount - Suit filed within three years thereof, is not barred by limitation...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Appeal against acquittal - There is no evidence that complainant advanced amount to accused and accused indebted to complainant for said amount - Moreover, as per complainant, accused executed promissory note but there is no such promissory note on record to prove allegations - Order..........
Negotiable Instruments Act, 1881, Section 118 -- Promissory note - Consideration - Presumption - Plaintiff discharged the initial burden of proof that deceased borrowed the suit amount from him under suit promissory note - Presumption can be drawn that promissory note is supported by consideration - Defendants failed to rebut the presumption - Promissory note held, to be..........
