Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale - Plaintiffs not whispered anything about loan transaction or mortgage of property - Parents of plaintiffs executed sale deed in 1978 and plaintiffs filed a suit in the year 2006 and they did not enforce any condition upon which plaintiffs strongly rely for atleast 14 years during..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan of Rs.13.50 lakhs by a pensioner - Fact that complainant was a pensioner cannot be a ground for presuming that he did not have the capacity to make the loan payment - Some part of this loan was paid through cheques - Some amount paid in cash proved to be withdrawn from bank account - Evidence on..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Once a cheque is signed and issued in favour of holder, there is statutory presumption that it is issued in discharge of a legally enforceable debt or liability - This presumption is a rebuttable one, if issuer of cheque is able to discharge burden that it was issued for some other..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of two cheques - Presumption - Accused issued a Pronote for amount covered by cheques which states that it was being issued for loan - Defendant admitted that cheques and Pronote were signed by him - Defence taken by defendant that he allegedly issued 10 blank cheques in 1995 for repayment of loan, not..........
Agreement to sell -- Specific performance - Bonafide purchaser - Merely because sister of subsequent purchaser married in same village where suit property is situated, it cannot be said that she knew about agreement to sell in favour of plaintiff, as it is not necessary that every inhabitant of every village knows about every agreement to sell executed by every other..........
Transfer of Property Act, 1882, Section 55(6)(b) -- Right of buyer - Charge on seller's interest - Agreement to sell - Suit for specific performance - Agreement in question amounted to a loan transaction - There is thus, no buyer seller relationship between parties - Provision of S.55(6)(b) of the Act held, cannot be invoked...........
Agreement to sell -- Return of advance amount - Agreement in question amounted to a loan transaction - Defendant failed to pay loan amount - He is thus, liable to return the amount - Appellants are assignees from defendant - Their assignment was prior to institution of suit - Appellants cannot be mulcted with liability to return the advance amount received from plaintiff..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Cheque issued towards repayment of loan amount - Acknowledgment receipt of receiving loan amount issued by accused was relied upon by complainant - Contents of document purportedly issued on the day on which cheque in question was issued does not appear to be natural course of human conduct - Tenor..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Cheque issued towards repayment of loan amount - No contemporaneous document on record to show that complainant had indeed advanced cash amounts to accused as claimed by him - This creates a serious doubt about foundational facts of complainant case...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Cheque issued towards repayment of loan amount - Medical condition of accused - Evidence and material on record indicates that behavioural problems suffered by accused raising serious doubt about accused having signed the cheque and acknowledgment consciously and with the realization..........
