Negotiable Instruments Act, 1881, Section 4 -- Pronote - Attesting witness - Attesting witness nephew of the respondent - Does not imply that he could not be an attesting witness to a duly executed document...........
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..........
Negotiable Instruments Act, 1881, Section 4 -- Pronote - Long standing dispute between parties even prior to execution of pronote and receipt - Held, if it was so neither the defendant could approach the plaintiff for borrowing the amount in dispute nor the latter could give such a huge amount as a loan to the defendant...........
Negotiable Instruments Act, 1881, Section 4, 87 -- Pronote - Material alteration in the name of father of plaintiff - Not explained as to under what circumstances it had crept - If this alteration had been introduced at the time of execution of pronote the initials/signatures of defendant would have been obtained to authenticate these material alterations - In absence of..........
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 4, 67 -- Pronote - Cutting and overwriting - Overwritings denied by scribe - Held, these can be deemed to be introduced later on...........
Negotiable Instruments Act, 1881, Section 4, 67 -- Pronote - Material alterations - Alteration may be material by change of date, time and place of payment or by change in the sum payable or its medium or in the interest to be paid or it may be as affecting the number or relation of parties or legal character of instrument - Effect of material alteration is that it renders..........
Negotiable Instruments Act, 1881, Section 4, 67 -- Pronote - Material alteration - Plaintiff to explain as to when and how alteration was made - In absence of such explanation, plaintiff must fail and onus is on him to show that material alteration was made either with the consent of parties or in order to effectuate common intention of parties - In absence of such plea,..........
Negotiable Instruments Act, 1881, Section 4, 87 -- Pronote - Material alterations - Over-writings of Figure 62 at point A and figure 31 at point C and words Sixty two at point B and words Thirty one at Point D - Not explained by plaintiff - Over-writings not bearing the thumb impression of the borrower or the signatures of the scribe - Unauthorised material alterations..........
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...........
