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S.D. Asirvatham and anr. Vs. G. Palniraju Mudaliar

Court : Chennai

Subject : Commercial

Acts : Negotiable Instruments Act, 1881 - Sections 9, 22, 59 and 118

Reported in : AIR1973Mad439; (1973)1MLJ443

the original payee in favor of the respondent herein namely, on 10-9-1964, that consequently Section 59 of the Negotiable Instruments Act, 1881, hereinafter referred to as the Act, applied to the facts of this case and that therefore the respondent

P. Aiya Pillai Vs. Ar.A. Shenbaga Nadar and P.V.P. Valasubramania Nada ...

Court : Chennai

Subject : Contract

Acts : Negotiable Instruments Act, 1881 - Sections 45; Sale of Goods Act, 1930 - Sections 59

Reported in : AIR1964Mad45

in this appeal and the same is dismissed with costs. Contract - partial consideration - Section 45 of Negotiable Instruments Act, 1881 and Section 59 of Sale of Goods Act, 1930 - plaintiff entered into composite contract with defendant -

Federal Bank Ltd. Vs. P.S.P. Panicker Simon Carves India Ltd.

Court : Kerala

Subject : Commercial

Acts : Negotiable Instruments Act, 1881 - Sections 36, 43 and 59

Reported in : AIR1976Ker5

defendant from liability under the instrument. The decision of the lower court rests on Section 59 of the Negotiable Instruments Act, 26 of 1881 (for brevity, the 'Act'), and the relevant provision is extracted below:--'59. The holder of a

Mathura Prasad Vs. Mohd. Umar Khan and anr.

Court : Allahabad

Subject : Commercial

Acts : Negotiable Instruments Act, 1881 - Sections 9 and 59; Code of Civil Procedure (CPC) , 1908 - Order 41, Rule 33; Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1951 - Sections 4

Reported in : AIR1965All402

parties to bear their costs of this appeal. (i) Commercial - pronote - Sections 9 and 59 of Negotiable Instruments Act, 1881 - endorsee acquiring promissory note with knowledge of defect in title - held, such an endorsee is not … not a holder in due course, though he was a holder for consideration and as such entitled under section 59 of the Negotiable Instruments Act to all the rights of his transferor--i.e. respondent No. 2. On issue No.

Mamatadevi Prafullakumar Bhansali Vs. Pushpadevi Kailashkumar Agrawal ...

Court : Mumbai

Subject : CriminalFood Adulteration

Acts : Negotiable Instruments Act, 1881 - Sections 7, 8, 9, 14, 15, 26, 27, 138, 142, 145 and 146; Code of Criminal Procedure (CrPC) , 1973 - Sections 200; Evidence Act, 1882 - Sections 59, 60, 62 and 118; Prevention of Food Adulteration Act - Sections 20(1); Code of Civil Procedure (CPC) - Order 3, Rule 2; Power of Attorneys Act, 1866; Power of Attorneys (Amendment) Act, 1882; Negotiable Instruments (Amendment) Act, 2002

Reported in : II(2006)BC155; 2005(2)MhLj1003

transactions, looses all ground whatsoever.31. The petition does not call for any interference. Rule is accordingly discharged. [A] Negotiable Instruments Act, 1881 - Section 138 - Criminal Procedure Code, 1973 - Section 200 - Indian Evidence Act, 1872 - Section … concerned. While as far as oral evidence is concerned, it has to be by direct evidence under Sections 59 and 60 thereof. It is, therefore, considered necessary to quote Section 60 of Evidence Act for its ready

Smt. Shakti Bhakoo Wife of Sh. Ashok Kumar Bhakoo Vs. Varun Khamka Son ...

Court : Punjab and Haryana

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) - Sections 482; Negotiable Instruments Act, 1881 - Sections 138, 138B and 141; Indian Partnership Act, 1932 - Sections 59; Indian Partnership Rules - Rule 5

Reported in : III(2003)BC24

petitioner seeks quashing of the complaint dated 2.5.2000 (Annexure-P.5) filed by the respondent under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the Act) and the summoning order dated 17.7.2000 (Annexure-P.6) passed by the Judicial Magistrate … the business of the accused firm. Form-'A' issued by the Registrar of Firms under Rule 5 framed under Section 59 of the Indian Partnership Act, 1932, annexed with the reply filed on behalf of the respondent further shows

Bezonji Byramji and Co., Jalna and ors. Vs. Central Bank of India Ltd. ...

Court : Andhra Pradesh

Subject : Commercial

Acts : Negotiable Instruments Act, 1881 - Sections 43 and 59; Indian Contract Act, 1872 - Sections 196 and 198

Reported in : AIR1963AP348

also. C. M. P. No. 62: Ordered. Commercial - dishonour of hundies - Sections 43 and 59 of Negotiable Instruments Act, 1881 and Sections 196 and 198 of Contract Act, 1872 - hundies drawn in favour of respondent by appellant … thereon such amount from any person who became a party to such instrument for his accommodation'.The proviso to section 59 also deals with accommodation notes or bills. The proviso states that any person who, in good faith and

Nawab Major Sir Mohammad Akbar Khan Vs. Attar Singh

Court : Mumbai

Subject : Commercial

Reported in : (1936)38BOMLR739

defined by Section 2(22) and by that sub-section 'Promissory Note' means a promissory note as denned by the Negotiable Instruments Act, 1881.7. By the latter Act Section 4 a ' promissory note ' is an instrument in writing (not being … and the plaintiff's rights determined accordingly. The articles of the Indian Limitation Act which are relevant are ' 59. . For money lent under an agreement that it shall be payable on demand : Three years from

Santosh Kumar Sardar Vs. Nil Ratan Sardar

Court : Kolkata

Subject : Property

Acts : Code of Civil Procedure (CPC), 1908 - Section 100;; Bengal Money Lenders Act, 1937 - Sections 1(12), 2(12), 36, 37, 37-A and 38;; Transfer of Property Act, 1882 - Sections 58 and 59;; Negotiable Instrument Act, 1881

Reported in : (2001)1CALLT396(HC)

from provident fund;(e) an advance made on the basis of a negotiable instrument as defined in the Negotiable Instrument Act, 1881 other than a promissory, … provident fund;(e) an advance made on the basis of a negotiable instrument as defined in the Negotiable Instrument Act, 1881 other than a promissory, note (26 of 1881).(f) Omitted by W.B. Money Lender Amendment Act (Act IV of … section 58(c) of the Act, similarly it cannot amount to a mortgage in law if is hit by section 59. There is, however, no such statutory requirement in the matter of a loan and there the rule of

Pran Jyoti Bhuyan, Resident of Devdaru Path, Assam Vs. The Sate of Ass ...

Court : Guwahati

Subject : Education

complainant will not pay the amount and that also perhaps explains why he had not initiated proceeding under Negotiable Instruments Act, 1881 and why he had agreed for re-payment of the loan amount on instalment of Rs.50,000/- per month. As … Prasad Chamaria –vs- Bishun Kumar Surekha and ors), (ii) (2011) 7 SCC 59 (Joseph Salvaraja-vs- State of Gujarat and ors), (iii) (1983) 2 GLR 110 … (CAV), J. 1. This is an application under Section 482 of the Code of Criminal Procedure, 1973, (for short, ‘the Code) and/or under Article 227 of the