Negotiable Instruments Act, 1881, Section 118(g) -- Pronote - Burden of proof - Initial burden lies on the holder of the promissory note to prove its execution - Once execution is proved, burden shifts to defendant to disprove it - Plaintiff proved execution of pronote by examining himself and a witness - Plaintiff having discharged his initial burden the same shifted to..........
Limitation Act, 1963, Section 19 -- Acknowledgment - Limitation - Pronote dated 12.10.1986 - Suit filed on 15.10.1989 - Payment of Rs.11, 400/- averred towards suit claim to bring suit within limitation - Burden is on plaintiff to show that payment is towards suit claim - Defendant alleging payments towards chit transaction - Date of last payment not stated by plaintiff -..........
Civil Procedure Code, 1908, Section 20(c) -- Territorial jurisdiction - Pronote - Plaintiff reserved his right to put forth his demand from any place of his choice for repayment of the debt - Held, Court within local limits of whose jurisdiction promisee resides and issues notice of demand has jurisdiction to entertain suit for money decree - However, in view of fact that..........
Limitation Act, 1963, Section 19, Negotiable Instruments Act, 1881, Section 118 -- Endorsement on pronote - Alleged to have been made by wife of defendant - No presumption can be drawn u/s 118 Negotiable Instruments Act as to valid payment - Burden lies on plaintiff to prove that it is an authorised payment on behalf of defendant to save limitation - Plaintiff failed to..........
Hindu Law -- Coparcenary property - Alienation by father - Sale deed executed in favour of one of his daughters and son-in-law - Plea of son that it was obtained by undue influence and fraud and that it is without consideration - Burden lies heavily on son to establish the said plea - Son failed to discharge the said burden - Son and other daughters admittedly never looked..........
Stamp Act, 1899, Section 2(22), 2(23), Civil Procedure Code, 1908, Section 115 -- Trial Court holding the document to be a receipt and not a pronote - Revision against - Not maintainable...........
Pronote -- Agreement to sell - Pronote and receipt executed - Subsequently agreement executed that in default of payment he would have no objection to the sale of land in favour of plaintiff - Pronote and receipt cannot be said to be superseded or nullified by agreement - The agreement was also intended to be a security for repayment of the loan at the first instance but..........
Civil Procedure Code, 1908, Order 7, Rule 7 -- Alternative relief - Discretion of plaintiff - Defendant borrowed money, executed a pronote and acknowledged receipt of amount - Also executed agreement that in the event of default of payment no objection to sale of land in favour of plaintiff - Suit for recovery of money decreed - Plea that only suit for specific performance..........
Evidence Act, 1872, Section 101 -- Onus of issue relating to forgery and fabrication of pronote and receipt on defendant - Defendant used to sign in English but submitted his signatures to expert that he examined, intentionally signed in Punjabi with attempt to wriggle out of documents executed by him - Stand of defendant rightly disbelieved as it even lacks bona fides...........
Pronote -- Insufficiently stamped - Marked as exhibit without any objection - When once such a document is admitted and received as evidence without any objection, any objection regarding the sufficiency of the value of the stamp cannot be raised at a later stage - Suit filed on the basis of such pronote not liable to be dismissed on the ground that pronote is..........
