Negotiable Instruments Act, 1881, Section 4, Punjab Registration of Money Lenders Act, 1938, Section 3 -- Pronote - Money lenders licence - Maintainability of suit in absence of Money Lender's Licence - Plea of Money Lenders Licence not raised - Suit not liable to be dismissed...........
Negotiable Instruments Act, 1881, Section 4 -- Pronote - Suit against L.R's of borrower - Plea of fraud and forgery - No cogent evidence produced to prove the same - No dispute about the relationship of deceased with the L.R's - L.R's are liable to discharge the liability which the deceased had suffered - Question as to whether recovery can be effected by creating a charge..........
Civil Procedure Code, 1908, Section 100 -- Second Appeal - New plea - Money suit on the basis of pronote and receipt - Suit decreed - Appellant taking plea that pronote and receipt are not sufficiently stamped - This plea neither pleaded in written statement nor raised before trial court - Held, appellant is estopped from raising this plea for the first time in regular..........
Negotiable Instruments Act, 1881, Section 118 -- Pronote - Suit for recovery of loan amount - Once plaintiff is able to prove execution of pronote, it is executant of pronote, who has to rebut presumption available u/s.118 of the Act...........
Negotiable Instruments Act, 1881, Section 118 -- Pronote - Suit for recovery of loan amount - First Appellate Court awarding pendente lite and further interest on decretal amount - Said grant of interest is impermissible...........
Negotiable Instruments Act, 1881, Section 118 -- Pronote - Suit for recovery on the basis of pronote - Scribe of pronote and receipt not examined - Plaintiff stated in cross examination that he collected Rs.2,50,000/- by sale of his land which fact he could not prove - Amount of sale not reflected in income tax return - Held, presumption that every Negotiable Instruments..........
Punjab Regulations of Accounts Act, 1930, Section 3(1)(a)(b) -- Suit for recovery on basis of pronote decreed - Appeal filed by defendant met the fate of dismissal - Defendant contended that plaintiff has not complied with provisions of Ss.3 & 4 of Act of 1930 as he failed to furnish copy of statement of his account - Neither any such plea was raised by defendant/appellant..........
Negotiable Instruments Act, 1881, Section 20, 118 -- Recovery suit based on pronote - Defendant admitted signatures on the documents - The defendant pleaded that he put signatures on blank forms which were filled later - Held, burden is on defendant to prove his plea - Bank is not required to prove that defendant put signatures on filled up forms...........
Negotiable Instruments Act, 1881, Section 118, Limitation Act, 1963, Article 113 -- Recovery suit based on pronote - One of the defendants stood surety and executed continuing guarantee - No evidence that the loan account or the cash credit account against which a continuing guarantee was given, became dead - Held, limitation will run when the defendant refused to pay the..........
Civil Procedure Code, 1908, Section 100, Order 4 -- Suit for recovery of money - Delay in filing - Limitation - Document produced by plaintiff/respondent claiming recovery of amount of pronote and not an agreement - For suit for recovery on basis of pronote, period of limitation is 3 years whereas present suit has been filed, after a lapse of about 20 years which is..........
