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Samikannu Naicker Vs. Sigamani

Court : Chennai

Subject : Civil

Acts : Negotiable Instruments Act, 1881 - Sections 20 and 118; Evidence Act, 1872 - Sections 101, 102 and 103; Code of Civil Procedure (CPC) , 1908 - Sections 100

Reported in : (2002)1MLJ830

allowed. No costs. Consequently, connected CMP is closed. Civil - inchoate instrument - Sections 20 and 118 of Negotiable Instruments Act, 1881 and Sections 101 to 103 of Indian Evidence Act, 1872 - suit for recovery of money - dispute … instrument negotiable and the defendant is liable to pay the amount as shown in the instrument.20. That apart, Section 101 of the Evidence Act speaks about the 'Burden of Proof' as under:-'Whoever desires any Court to give judgment

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

respondent or her counsel need not be returned.17. Appeal allowed. Commercial - material alteration - Section 87 of Negotiable Instruments Act, 1881, Sections 101 to 104 of Indian Evidence Act, 1872, Section 100 of Code of Civil Procedure, 1908 and

R.Rajendran vs K.Kullappan

Court : Chennai

under Section 200 of Cr.P.C. was filed against the defendant alleging an offence under Section 138 of the Negotiable Instruments Act, 1881, before the jurisdictional magistrate. Except for the issuance of a legal notice after the cheque was returned dishonoured, … To illustrate how this doctrine works in practice, we may take a suit on a promissory note. Under Section 101 of the Evidence Act, “Whoever desires any court to give judgment as to any legal right or liability

Allampati Subba Reddy Vs. Neelapareddi Ramanareddi

Court : Andhra Pradesh

Subject : Civil

Acts : Negotiable Instruments Act, 1881 - Sections 87; Evidence Act, 1872 - Sections 101 to 104 and 114

Reported in : AIR1966AP267

bear their own costs of both the Courts. Civil - date of promissory note - Section 87 of Negotiable Instruments Act, 1881 and Sections 101 to 104 and 114 of Evidence Act, 1872 - plaintiff filed suit for recovery of

T.N. Boopathy Vs. T.A. Sattu

Court : Chennai

Subject : Commercial

Acts : Negotiable Instruments Act, 1881 - Sections 118; Evidence Act, 1872 - Sections 101

Reported in : AIR2002Mad177

judgment and decree of the lower appellate Court are confirmed. Commercial - promissory note - Section 118 of Negotiable Instruments Act, 1881 and Section 101 of Evidence Act, 1872 - Order granting money decree in favour of respondent challenged -

Woodbriar Estate Ltd. Vs. Catholic Bank of India Ltd.

Court : Kerala

Subject : Commercial

Acts : Negotiable Instruments Act, 1881 - Sections 85 and 131; Evidence Act, 1872 - Sections 101 to 104

Reported in : AIR1958Ker316

theparties will bear their costs in this appeal, Commercial - wrongful payment - Sections 85 and 131 of Negotiable Instruments Act, 1881 and Sections 101 to 104 to Evidence Act, 1872 - certain payment by defendant bank to one 'V' … Managing Director of the Managing Agents, Mr. Veloo.4. The learned District Judge on a consideration of the relevant sections of the Negotiable Instruments Act and also on the evidence placed before him came to the conclusion that

In Re: Fancy Corporation Limited, a Public Limited Company Janakalyan ...

Court : Mumbai

Subject : CompanyBanking

Acts : Companies Act, 1956 - Sections 433; Negotiable Instruments Act, 1881 - Sections 7, 8, 9, 37, 41, 82, 118 and 138; Maharashtra Co-op. Societies Act - Sections 101 ;Co-op. Societies Act - Sections 154

Reported in : [2007]139CompCas483(Bom); [2007]76SCL37(Bom)

notices, the Company failed and neglected to pay the amount demanded. The proceedings under Section 138 of the Negotiable Instruments Act, 1881 ('N.I.Act') in respect of dishonoured cheques were initiated and the same are pending in the criminal courts. 9. … in the criminal courts. 9. The petitioner having failed to recover their dues filed two recovery applications under Section 101 of the Mah. Co-op.Societies Act against two establishments of RR Group for the recovery of sum of Rs.

Sri Mallesha M R vs Sri Shivaprakash B G

Court : Karnataka

of the legal position, it is now evident that the appellant, being the complainant under Section 138 of Negotiable Instruments Act, 1881, is also entitled to file an appeal against the judgment of acquittal passed by the trial Court before

Canara Bank Vs. Vara Trading Co. and ors.

Court : Karnataka

Subject : Banking

Acts : Evidence Act - Sections 92, 101 and 102; Negotiable Instruments Act, 1881 - Sections 118; Limitation Act, 1963 - Sections 18 - Schedule - Article 62; Transfer of Property Act, 1882 - Sections 54 and 58; Constitution of India - Article 39

Reported in : AIR2006Kant88; I(2007)BC541; [2006]133CompCas482(Kar); ILR2006KAR130; 2006(4)KarLJ239

vide Ex.P4, P5, and P6, the presumption is in favour of bank as provided under Section 118 of Negotiable Instruments Act, 1881. No rebuttal evidence is adduced by the defendants in this regard. Therefore, he has contended that the findings … pleaded in the plaint, the initial burden is on the Bank to prove the same as required under Section 101 of the Evidence Act. The name of witness described in the said document is not clearly mentioned and

Manishbhai Bharatbhai Shah Vs. the State of Gujarat and 4 ors.

Court : Gujarat

Subject : BankingCriminal

Acts : Limitation Act - Sections 5; Negotiable Instrument Act, 1881 - Sections 13, 118, 138 and 139; Bombay Money Lenders Act, 1946 - Sections 2(9), 10, 10(4), 11(2), 23 and 25; Money lenders Act, 1949; Prevention of Corruption Act, 1947 - Sections 4 and 4(1); Code of Criminal Procedure (CrPC) - Sections 313, 342, 378 and 378(4); Evidence Act - Sections 101

Reported in : (2008)1GLR392

lenders Act 1946 that an advance made on the basis of the negotiable instrument, as defined in the Negotiable Instruments Act 1881 other than promisory note is not a loan' within the meaning of term Sloan defined in the Bombay … rebut the presumption raised under it cannot be equated with the degree and character of proof which under Section 101, Evidence Act rests on the prosecution. While the mere plausibility of an explanation given by the accused in