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Bhagirath Vs. Gulabkanwar and ors.

Court : Rajasthan

Subject : Commercial

Acts : Negotiable Instruments Act, 1881 - Sections 8 and 78; Code of Civil Procedure (CPC) , 1908 - Sections 82 - Order 1, Rule 10 - Order 2, Rule 3

Reported in : AIR1956Raj174

behalf of the minor plaintiffs is concerned, learned counsel for the appellant based his argument on Section 78, Negotiable Instruments Act. That section reads as follows:Subject to the provisions of Section 82, Clause (c) payment of the amount due … the true owner is competent to do so. Reliance was also placed in this connection on Section 8, Negotiable Instruments Act which reads as follows:The 'holder' of a promissory note, bill of exchange or cheque means any person entitled

Jagjivandas Bhikhabhai Vs. Gumanbhai Narattamdas

Court : Gujarat

Subject : Commercial

Acts : Code of Civil Procedure (CPC), 1908 - Order 7, Rule 7; Negotiable Instruments Act, 1881 - Sections 4 and 13(1); Stamp Act, 1963

Reported in : AIR1967Guj1; (1965)GLR778

of the Indian Stamp Act, defines a 'promissory note' to mean a promissory note as defined by the Negotiable Instruments Act, 1881, and also includes a note promising the payment of any sum of money out of any particular … Section 2(22) of the Indian Stamp Act defines a promissory note by reference to its definition in the Negotiable Instruments Act, 1881, we must go to the Negotiable Instruments Act, 1881, to see how it is defined in that

S. Ramiah thevar Vs. Balasundaram

Court : Chennai

Subject : Civil

Reported in : (1982)1MLJ431

he had written into that paper. For this submission, learned Counsel relied entirely on Section 20 of the Negotiable Instruments Act, 1881. Before considering what Section 20 provides for, it may be stated that a 'promissory note' has been … plaintiff. According to Mr. Balachander, these facts perfectly fit in with the requirements of Section 20 of the Negotiable Instruments Act. and therefore, when the plaintiff proceeded to enter the full text of the promissory note in the stamped

Chandra Babu Vs. Remani

Court : Kerala

Subject : Criminal

Acts : Negotiable Instruments Act, 1881 - Sections 53, 138 and 142

Reported in : II(2004)BC152; 2003(2)KLT750

ORDERJ.B. Koshy, J.1. Can the legal representatives of the payee file a complaint under Section 138 of the Negotiable Instruments Act (hereinafter referred to as 'the Act') is the question to be considered in this case. It is alleged … deceased, the learned Judge was of the opinion that the 'payee' in Sections 7 and 142 of the Negotiable Instruments Act would include the legal heirs of a deceased payee and the matter was referred to the Division Bench.2.

Union Bank of India Vs. Sales Tax Officer, Enforcement Branch, Greater ...

Court : Mumbai

Subject : Company

Acts : Negotiable Instruments Act, 1881 - Sections 10 and 1082; General Clauses Act, 1897 - Sections 3(22); Indian Penal Code (IPC), 1860; Bombay Sales Tax Act, 1959 - Sections 39; Code of Criminal Procedure (CrPC) , 1898 - Sections 94; Constitution of India - Article 226

Reported in : [1979]49CompCas615(Bom)

bearing No. 269 drawn by Messrs. Pioneer Traders was a bearer cheque as understood in law under the Negotiable Instruments Act, 1881. The word' self appears to be in the hand of the drawer. The words 'pay' or bearer … Pleader, appearing for all the respondents, contended that having regard to the provisions of s. 82 of the Negotiable Instruments Act, 1881, which provides for discharge from liability of the maker, acceptor or enforcer of a negotiable instrument, the

Sardar Sarwan Singh Vs. Shri Balwinder Singh

Court : Delhi

Subject : Negotiable Instruments

Acts : Negotiable Instruments Act - Section 80; Interest Act, 1978 - Section 3

has been admitted in the written statement and has also been proved by the plaintiff.9. Section 80 of Negotiable Instruments Act, to the extent it is relevant provides that when no rate of interest is specified in the instrument, … by the defendant to the plaintiff. I find no justification for restricting the scope of Section 80 of Negotiable Instruments Act to only those cases, where the instrument provides for payment of interest, but the rate of interest is

Saftarsab Vs. B. Allaiah @ Allappa

Court : Karnataka

Subject : Banking

Acts : Negotiable Instruments Act, 1881 - Sections 19, 20, 118 and 120; Evidence Act - Sections 101 and 114

Reported in : I(2006)BC281; ILR2005KAR2911; 2006(3)KarLJ141

Courts below by raising substantial question of law to the effect that as per the provisions of the Negotiable Instruments Act, once there is execution of promissory note, it is deemed that there is a transaction and the respondent … transaction and the respondent is liable to pay the amount due in view of Section 20 of the Negotiable Instruments Act.3. Heard the counsel for the appellant and the respondent.It is the submission of the Counsel for the appellant

Raghunath Balakrishna Deshpande Vs. Biharilal Krishnaprasad Dave

Court : Karnataka

Subject : CivilCommercial

Acts : Indian Stamp Act, 1899 - Sections 2, 2(5), 2(6), 2(22) and 6; Negotiable Instruments Act, 1881 - Sections 4, 13 and 13(1); Mysore Stamp Act, 1957 - Sections 2(1)

Reported in : AIR1972Kant159; AIR1972Mys159

of the Indian Stamp Act as follows:'2 (22) 'Promissory note' means a promissory note as defined by the Negotiable Instruments Act. 1881; it also includes a note promising the payment of any sum of money out of any particular … defined in Section 2(22) of the Indian Stamp Act as meaning a promissory note as defined in the Negotiable Instruments Act it is necessary to advert to the relevant provisions of the Negotiable Instruments Act. The expression 'promissory note'

Jayantilal Goel Vs. Zubeda Khanum

Court : Andhra Pradesh

Subject : Commercial

Acts : Negotiable Instruments Act, 1881 - Sections 87; Evidence Act, 1872 - Sections 101 to 104; Code of Civil Procedure (CPC), 1908 - Sections 100; Indian Contract Act, 1872 - Sections 65

Reported in : AIR1986AP120

raised stating that inasmuch is the pro-note is materially altered, it is hit by Section 87 of the Negotiable Instruments Act. Therefore, the instrument is void and unenforceable. The appellate Court, however, rejected the contention holding that it was … on, and if once it is so established, then it will be contrary to Section 118 of the Negotiable Instruments Act; the second is that the date on pro-note, Ex.A. 1 is inserted later to the execution of the

Narayanan Vs. State of Kerala and anr.

Court : Kerala

Subject : BankingCriminal

Acts : Negotiable Instruments Act - Sections 138 and 139; Code of Criminal Procedure (CrPC) - Sections 313, 357(3) and 482

Reported in : 2009(3)KLJ27

Satheesachandran, J.1. Concurrent verdict of guilty rendered against the petitioner for the offence under Section 138 of the Negotiable Instruments Act, for short 'the N.I. Act is challenged in the revision. The learned Magistrate, after trial finding him guilty