Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Document can be treated as promissory note only when it is promissory both in form and intent - If indebtness is acknowledged in document that any defined sum of money is payable on demand, then only document can be said to be promissory note...........
Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Recovery suit - Neither promissory note proved in accordance with law nor its promissory note as defined u/s 5 of the Act - Plaintiff failed to prove its case - Suit rightly dismissed...........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Execution and issuance of promissory notes not in dispute and signature found in promissory notes have been admitted, there is no need or necessity for plaintiff to give explanation for not obtaining thumb impression in suit promissory note...........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Presumption - When there is statutory presumption in favour of plaintiff, it has to be rebutted by proof and not by a bare explanation - Unless explanation is supported by proof, presumption created by provision cannot said to be rebutted...........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Burden of proof - Once statutory presumption is raised, onus of proving absence of consideration is on the executant...........
Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Validity - Words `agree to repay the same with interest' would amount to promise - It is not mandatory that it should be in the exact word `promise to repay' - It is thus, valid promissory note within the meaning of S.4 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption u/ss 139, 118 of the Act - Complainant has produced promissory note to corroborate his claim of advancing loan - Signatures in promissory note and cheque admitted by accused in reply notice - When signatures on said documents are proved to be that of accused, presumption remains..........
Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Kisan Vikas Patras (KVPs) issued by Post Office are a promissory instrument as defined u/s 4 of the Act...........
Doctrine of Promissory estoppels and legitimate expectation -- Not applicable if communication issued was either a proposal or a recommendation...........
Service -- Enhancement of age of superannuation - Promissory estoppel - Enhancement of age of superannuation is a public function channelized by provisions of statue and service regulations, doctrine of promissory estoppel cannot be used to challenge the action of authority...........
