Negotiable Instruments Act, 1881, Section 4, 118 -- Pronote - Consideration - DW1 stated that he was present at the time of execution of pronote and receipt but consideration amount was never handed over in his presence - DW1 is nephew of defendant - Admittedly nether pronote nor receipt bear signature of DW1 - In fact DW1 in his cross examination admitted that he was not..........
Negotiable Instruments Act, 1881, Section 4 -- Pronote - Forging - Scribe specifically stated that he has seen pronote written by him and amount was given - Other witness also supported plaintiffs case while specifically stating that amount in question was given - Plaintiff has duly discharged the initial burden upon him by examining the scribe of the pronote and receipt..........
Civil Procedure Code, 1908, Order 21, Rule 58(4) -- Execution - Money recovery based on pronote - Fraudulent transfer - If decree-holder is able to show that transfer by execution of settlement by judgment-debtor before even filing of suit and subsequent to contacting of money decree amount under pronote a fraudulent transfer to adjudicate, there is no necessity of filing..........
Negotiable Instruments Act, 1881, Section 118(a) -- Pronote - Presumption - Suit for recovery - In the instant case, plaintiff is involved in money lending business without obtaining any licence under Money Lender`s Act and defendant admits his signature on pronote and receipt but with a rider that signatures were obtained on blank paper in fiduciary relationship -..........
Evidence Act, 1872, Section 68 -- Pronote - Execution - Proof - Execution of document can be proved by examination of one witness - It is not essential that both the witnesses should be examined - In the instant case one attesting witness to the pronote examined who proved the execution of pronote and receipt and defendant was not able to cause any dent in the testimony of..........
Negotiable Instruments Act, 1881, Section 118 -- Pronote - Consideration - Presumption as to - Rebuttal of - Held, casual denial of passing of consideration does not act as a valuable defence because something which is probable has to be brought on record for getting the benefit of shifting onus of proving case to plaintiff and defendant has to bring on record such facts..........
Negotiable Instruments Act, 1881, Section 138 -- Civil suit for recovery - Advancing loan against issuance of cheque - Non execution of pronote in addition to handing over the cheque - Parties were relatives and residing in opposite houses - Held, in the absence of pronote, apart from the cheque would not any way defeat the case...........
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, 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..........
