Evidence Act, 1872, Section 34 -- Bahi entry - Stamp duty - When an entry is merely a balance of accounts and signatures are appended only to accept the correctness of balance then no stamp duty is required to be affixed and entry would be admissible as per S.34 of Act - However, if entry is executed in the nature of bond or promissory note then it has to be stamped as per..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused borrowed hand loan of Rs.1.25 lakhs from complainant - There is no proof regarding means of complainant, source of lending such huge amount available with him and nature of acquaintance to give hand loan of such huge amount without even taking any receipt or letter or undertaking or promissory..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused borrowed hand loan of Rs.1.25 lakhs from complainant - There is no proof regarding means of complainant, source of lending such huge amount available with him and nature of acquaintance to give hand loan of such huge amount without even taking any receipt or letter or undertaking or promissory..........
Negotiable Instruments Act, 1881, Section 118 -- Presumption - Not available to prove the quantum of consideration or the nature of consideration - Presumption is available that promissory note is supported by consideration and that is rebuttable - Plaintiff will have to prove by necessary evidence, the passing of consideration...........
Negotiable Instruments Act, 1881, Section 118 -- Presumption - Rebuttal - Defendant can rebut the presumption by showing preponderance of possibilities in his favour to the effect that consideration as stated in the promissory note or in the plaint does not exist - He can rely on direct evidence or circumstantial evidence or on presumptions of law or fact...........
Negotiable Instruments Act, 1881, Section 138, 139, Income Tax Act, 1961, Section 269SS -- Dishonour of cheque - Cash loan of Rs.31 lakhs - Acquittal of accused on the grounds : (a) Neither complainant nor his wife produced their respective income tax returns; (b) Failure to disclose income prior to advancing loan; (c) difficult to accept that complainant was in a position..........
Agreement to sell -- Execution - Proof - Defendant changing his stand - Plea that agreement is fabricated and forged document - Wholly unsubstantiated - Answers given by defendant vague and not proving his case at all - Perusal of agreement reveals no sign of it having been tampered or interpolated - Signature thereon of defendant admitted - Defendant appended his address..........
Negotiable Instruments Act, 1881, Section 138, Punjab Registration of Money Lenders Act, 1938, Section 3, 2(8) -- Dishonour of cheque - Complaint - Bar u/s.3 of Act of 1938 - Applicability - Held, S.3 of the Act of 1938 starts with non obstante clause making filing of any suit or any application for recovery of loan or execution of decree relating to loan by money lender..........
Estoppel -- Applicability - Held, principle of promissory estoppel cannot be invoked against statutes and mandates of Constitution...........
Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Plaintiff if fails to identify the borrower and if he does not know his financial capacity, the promissory note cannot be said to have been proved - When a person who lends money does not know another and is sure about his capacity to repay, it is difficult to expect that he would lend money to an unknown..........
