Constitution of India, 1950, Article 226 -- Promissory estoppel - Essential requirement - A public authority, who is empowered to do so, must have made some promise to a person inducing him to act in a particular manner and that person must have acted on that promise for putting himself in a particular situation - In that event, the public authority is estopped from taking..........
Promissory Note -- Execution when proved there is presumption of consideration - Two types of cases may arise - One where there is a denial as to the execution and pleading forgery and two, while admitting the instrument explain the circumstances - The presumptions follow in both the matters with variation...........
Promissory note -- Defendant is entitled to raise contradictory pleadings in defence such as forgery, not supported by consideration etc. - Such pleas have to be strictly scrutinised in a proper perspective within the limitations prescribed under the law and should not allow the defendant to go scot free with unsustained pleas - If execution is proved the presumption..........
Promissory note -- Consideration - Presumption - Where payment of money as consideration is mentioned in instrument itself and it is also case of party suing for recovery of money, presumption has to be raised, when maker of instrument has not denied it - Presumption is statutory presumption and once execution of promissory note is admitted, Court cannot refuse to raise it..........
Negotiable Instruments Act, 1881, Section 118(g) -- Pronote - Burden of proof - Initial burden lies on the holder of the promissory note to prove its execution - Once execution is proved, burden shifts to defendant to disprove it - Plaintiff proved execution of pronote by examining himself and a witness - Plaintiff having discharged his initial burden the same shifted to..........
Punjab Town Improvement Trust Act, 1922, Section 36, 73 -- Jullundur Improvement Land Disposal Rules, 1954, R.2(b), Utilisation of Land and Allotment of Plots by Improvement Trust Rules, 1975, R.2(a), Punjab Town Improvement (Utilisation of Land and Allotment of Plots) Rules, 1983, R.2(d) - Preferential allotment of plot to a person whose land is acquired under Punjab Town..........
Evidence Act, 1872, Section 115 -- Estoppel - Promissory estoppel - No estoppel against law - Principle of promissory/equitable estoppel cannot be invoked to protect illegal acts which were against statute...........
Evidence Act, 1872, Section 115 -- Promissory estoppel - Improvement Trust itself at a point of time made allotments and accepted initial deposits towards consideration of the plots which were subsequently cancelled - Plea based on principles of promissory estoppel inasmuch as Improvement Trust having once allotted plots and having collected part of consideration, cannot..........
Negotiable Instruments Act, 1881, Section 118(a) -- Promissory note - Once execution is proved there is presumption of consideration - The defendant can prove the non-existence of consideration by raising a probable defence - Once the defendant proves the initial onus of proof showing that the existence of consideration was improbable or doubtful or the same was illegal,..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Loan taken of Rs.30 lakhs and promissory note executed - Amount not paid within six months as per memorandum of understanding - On repeated demands accused issued a cheque towards discharge of loan amount - Cheque dishonoured - Accused cannot escape by merely saying that cheque was given only as a security and that on..........
