Pronote -- Insufficiently stamped - Inadmissible in evidence - Endorsement on back of such promissory note is to be treated as acknowledgment of liability...........
Pronote -- Alteration in receipt - Any alteration in the receipt is not an alteration in the negotiable instrument - Receipt regarding payment is neither a promissory note, bill of exchange or a cheque payable either to order or bearer - Payment endorsement on a promissory note, even when it is found on the same paper on which the promissory note is engrossed, does not..........
Pronote -- Company - Pronote executed by Chief Executive of Company borrowing the amount to pay electricity bills of the Company - Seal of company affixed - Endorsement of payment also signed by him affixing the stamp of the company - Management of company cannot deny its liability to pay the amount due under the pronote on the ground that the said transaction does not..........
Limitation Act, 1963, Section 19 -- Acknowledgment - Limitation - Pronote dated 12.10.1986 - Suit filed on 15.10.1989 - Payment of Rs.11, 400/- averred towards suit claim to bring suit within limitation - Burden is on plaintiff to show that payment is towards suit claim - Defendant alleging payments towards chit transaction - Date of last payment not stated by plaintiff -..........
Limitation Act, 1963, Section 19, Negotiable Instruments Act, 1881, Section 118 -- Endorsement on pronote - Alleged to have been made by wife of defendant - No presumption can be drawn u/s 118 Negotiable Instruments Act as to valid payment - Burden lies on plaintiff to prove that it is an authorised payment on behalf of defendant to save limitation - Plaintiff failed to..........
Pronote -- Endorsement acknowledging debt - Non examination of scribe of endorsement not a lacuna - Endorsement not a document required by law to be attested or scribed - Endorsement can be written by parties themselves...........
Negotiable Instruments Act, 1881, Section 16, Transfer of Property Act, 1882, Section 130 -- Word `Assigned' used in endorsement made on the back of pronote be understood as a direction to pay the amounts mentioned therein to or to the order of a specified person - It is an endorsement in full falling under Section 16 of the Negotiable Instruments Act and not a transfer of..........
Pronote -- Alteration - Endorsement therein as to 'being value received' - Does not alter the nature of documents as a promissory note when the parties have intended primarily that the document should be treated as promissory note and the endorsement has no impact on the character of the promissory note...........
Negotiable Instruments Act, 1881, Section 50, 15 -- Pronote - Endorsement and consequential Passing of the property in the pronote made subject to certain conditions - Indorsee not fulfilling those conditions - There is no valid transfer...........
