Negotiable Instruments Act, 1881, Section 118 -- Pronote and receipt - Execution duly proved - There is presumption of consideration passed on to defendant at the time of execution of pronote and receipt...........
Negotiable Instruments Act, 1881, Section 118 -- Pronote - Consideration - If execution is proved there is presumption of consideration - Scribe of pronote in his evidence stated that defendant was not present when he filled up the blank pronote and no consideration was paid in his presence - Attesting witnesses not examined - Held, plaintiff has failed to prove the case..........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Leave to defend - Pronote - Thumb impression alleged to be obtained on blank pronote - As there is admission of thumb marking the pronote and receipt so there is presumption that it was executed for consideration - Held, order of grant of leave to defend suit subject to deposit of 50% of the suit amount and to furnish..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Execution or pronote and receipt denied and that defendant never received any consideration - Amendment sought to plead that defendant did execute pronote and receipt but without consideration - Amendment if allowed would displace the plaintiff's line of action and the defendant's defence -..........
Civil Procedure Code, 1908, Order 37, Rule 5 -- Leave to defend - Defendant is entitled to unconditional leave to defend if a triable issue is raised indicating bona fide defence - Truth or otherwise of the issue is not at all relevant consideration in granting such leave - Defendant taking a specific plea in written statement denying execution of bill of discounting and..........
Pronote -- Execution - Death of person who is alleged to have executed the document - Denial of passing of consideration - Attesting witness turning hostile - Court, relying upon its own comparison of disputed signatures with admitted one unaided by expert evidence, coming to conclusion that signature is genuine and on basis of such finding decreeing suit - Decree is not..........
Pronote -- Consideration - When once execution of pronote is established, presumption arises that consideration passed under the pronote unless the executant denies consideration - Plaintiff is entitled to a decree unless there is evidence inconsistent with the presumption - Evidence of plaintiff that no amount was paid to defendants under A-21 pronote - Suit dismissed so..........
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..........
Pronote -- Past consideration is valid consideration to hold that the document has been executed for consideration...........
Pronote -- Consideration - Can be either past or present or even future...........
