Negotiable Instruments Act, 1881, Section 118, 4 -- Pronote - If passing of consideration amount is not duly proved, even if execution of pronote and receipt is proved, then it remains just a paper transaction which cannot be enforced against the executant...........
Negotiable Instruments Act, 1881, Section 118, 4 -- Pronote - Past consideration - Once plaintiff received the amount of earlier promotes and receipts, then question of past consideration, in lieu of present pronote and receipt does not arise at all...........
Negotiable Instruments Act, 1881, Section 118 -- Execution of pronote - Presumption as to - Both Courts below gave concurrent finding of fact that plaintiff has been able to prove execution of pronote and receipt and passing consideration - Defendant simply denied execution of pronote and receipt - Pronote and receipt are thumb marked by defendant - He has not chosen to..........
Negotiable Instruments Act, 1881, Section 118 -- Recovery suit on foot of pronote and receipt executed by defendant - Plaintiff examined one attesting witness and scribe of pronote and their statements could not be impeached in cross-examination - Defendant admitted execution of pronote and receipt in written statement, but alleged that same was without consideration -..........
Negotiable Instruments Act, 1881, Section 118, Evidence Act, 1872, Section 3 -- Recovery suit on basis of pronote and receipt executed by defendant - Defendant referred to statement allegedly made by plaintiff in criminal case - However, said statement not part of evidence in recovery suit - Held, same cannot be referred to - Statement allegedly made by plaintiff in..........
Negotiable Instruments Act, 1881, Section 4, 20, 118 -- Promissory note - Consideration - Proof - Plaintiff not simply placed reliance on the admission of defendant concerning his signature in suit pronote - Plaintiff examined himself and deposed in consonance and in conformity with averments in plaint - One of the attesting witnesses deposed in support of plaintiff's case..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Cheque drawn towards part satisfaction of pronote - Demand of amount due under the pronote and not demand of cheque amount - If there is absence of demand for the amount covered by the bounced cheque and if it is conspicuously absent in the notice, it is to be treated as imperfect notice -..........
Recovery Suit -- Plaintiff had filed suit for recovery basing his claim on pronote and receipt - Due execution of pronote and receipt proved - Mere denial of execution of pronote and receipt by defendant was not sufficient - - Defendant failed to establish that pronote and receipt were result of forgery and fraud - Suit rightly decreed by Courts below - Appeal dismissed...........
Negotiable Instruments Act, 1881, Section 4 -- Suit for recovery of money based on promissory note - Defendant stated that amount due under promissory note was paid to DW2 who according to defendant turned hostile - Defendant neither obtained a receipt nor got back suit pronote - No reply was given to lawyer's notice - Defendant did not give any reply even to pre-suit..........
Negotiable Instruments Act, 1881, Section 4, Stamp Act, 1899, Section 2(22), 2(23) -- Pronote - Defect or deficiency in stamps - Not curable once pronote is produced in Court...........
