Judgment Search Results Home > Cases Phrase: negotiable instruments act 1881 section 4 promissory note Court: kerala Page 1 of about 748 results (0.128 seconds)

Sankaran Sankaran Namboori Vs. Mathai Abraham

Court : Kerala

Reported in : AIR1973Ker22

..... the condition is that the executant shall pay the amount due under the instrument on settlement of accounts when the litigation referred to therein comes to an end, is not a promissory note as defined in section 4 of the negotiable instruments act, 1881.7. ..... not a promissory note as defined in the negotiable instruments act, 1881. ..... a promissory note as defined in section 4 of the negotiable instruments act, i881 ..... in understanding the scope of section 4 of the negotiable instruments act, the illustrations thereto will be of ..... a 'promissory note' is an instrument in writing (not being a bank-note or a currency-note) containing an unconditional undertaking, signed by the maker, to pay a certain sum of money only to, or to the order of, a certain person, or to the bearer of the instrument.illustrations.a signs instruments in the following terms:-- (a) 'i promise to pay b or order ..... all other sums which shall be due to him' is stated to be an instrument which is not a promissory note. ..... to (h) are all of instruments which are not promissory notes. ..... instruments respectively marked (c), (d), (c), (f), (g) and (h) are not promissory notes ..... instruments respectively marked (a) and (b) are promissory notes ..... in order to make it a negotiable instrument it may not be necessary to contain an undertaking 'to pay to the order' of the person or 'to the bearer' of the instrument. ..... be a bond, which is not consistent with his case based on a promissory note.in the light of the discussions above, i hold that ext. .....

Kuruppath Ummer's son Arakkal Kuruppath Hameed Haji Vs. Keezhepadath R ...

Court : Kerala

Reported in : AIR1969Ker189

..... promissory note' means a promissory note as defined by the negotiable instruments act 1881;' and under section 4 of the negotiable instruments act a 'promissory note' is denned as,'an instrument in writing (note being a bank-note or a currency-note) containing an unconditional undertaking signed by the maker, to pay a certain sum of money only to or to the order of a certain person or to the bearer of the instrument ..... guj 7 it was held:--'where it is not disputed that the document which is in writing is neither a bank-note nor a currency-note, and it contains an unconditional promise to pay a specific sum to a certain person on demand, the document is a promissory note as defined in section 4 of the negotiable instruments act. ..... purpose of deciding as to whether a document is or is not negotiable the primary test is to find out whether, in fact the terms thereof satisfy the definition of a negotiable instrument as given in section 13 of the negotiable instruments act 1881. ..... explanation attached to that section, the document is found to be a promissory note which is made payable to a certain person, then, the document would be an instrument which is payable to the order of that person, and unless there are other surrounding circumstances in the case which indicate that negotiability of that instrument was not intended by parties, the mere fact that the document is one which, in the opinion of the court, is not drawn up in the customary manner in which promissory notes are drawn up by .....

C.N. Sankaran Nambuduripad Vs. Vijayan and ors.

Court : Kerala

Reported in : AIR1988Ker120

..... section 4 of the negotiable instruments act, 1881 defines 'promissory note' as an instrument in writing (not being a bank-note or a currency note) containing an unconditional undertaking, signed by the maker, to pay a certain sum of money only to, or to the order of, a certain person to the bearer of the instrument. ..... (iv) is the promise to pay made in the instrument the substance of the instrument and(v) did the parties intend that the document should be a promissory note ?in ext. a1 rs. ..... the question whether an instrument is a promissory note or not has to be ascertained by the words used in the document. ..... it may be in the form of a letter or in any other form of words which satisfy the requirements of section 4 of the act and from which the intention to make a promissory note can be discerned. ..... a document which contains a promise to pay on demand a certain sum to a specified person is a promissory note though there may be no words of negotiability. ..... al would clearly show that it can never be construed as a promissory note and therefore the contrary contention of the defendant is wholly untenable.4. ..... to consider whether a given document is a promissory note or not the following tests are helpful:(i) is the sum to be paid a sum of money and is that sum certain ? ..... the essential requisite of a promissory note is certainly as to the person to make the payment, the person to receive it, the time and place of payment, the conditions of liability and also as to the amount to be paid. .....

K.Vijayakumarn Nair @ Vijayan Vs. Ajikumar

Court : Kerala

..... would contend that, in the absence of an undertaking to pay a certain sum, which is r.f.a.no.415 of 2014 4 an essential feature of a promissory note under section 4 of the negotiable instruments act, 1881, exhibit a1 promissory note is unenforceable. ..... section 4 of the negotiable instruments act, 1881 ..... an express unconditional promise made by the appellant to pay on demand a certain sum of money to the respondent for value received, is an instrument having r.f.a.no.415 of 2014 6 the essential features of a promissory note and the contention to the contra raised by the learned counsel for the appellant can only be rejected.8. ..... promissory note': a 'promissory note' is an instrument in writing (not being a bank-note or a currency- note) containing an unconditional undertaking, signed by the maker, to pay a certain sum of money only to, or to the order of, a certain person, or to the bearer of the instrument ..... that, the question as to whether an instrument is a promissory note or not has to be ascertained by reading the instrument as a whole, regardless of its form ..... unconditional undertaking, signed by the maker, to pay a certain sum of money only to, or to the order of, a certain person, or to the bearer of the instrument, it will be a promissory note.7. ..... r.f.a.no.415 of 2014 8 contention in the written statement that the respondent had issued a receipt for repayment of amount covered by exhibit a1 promissory note, he has not produced the said receipt along with the written statement.11. .....

K. Appukuttan Panicker and anr. Vs. S.K.R.A.K.R. Athappa Chettiar and ...

Court : Kerala

Reported in : AIR1966Ker303

..... the parties had reduced their contract to a written document and under section 37, negotiable instruments act, were principal debtors in the absence of a contract to the ..... since the contract embodied in the promissory note is in writing, section 92 of the evidence act is attracted and any alteration of the agreement embodied in the promissory note can only be by another written ..... , cawnpore, air 1929 all 664 where it has been pointed out that the terms of the agreement embodied in a promissory note executed by two or more persons import a joint and several liability on the part of the executants and between this position and the plea that some of them are only sureties there is an essential ..... is clear that the appellants being joint executants of the promissory note had undertaken unconditionally to discharge the obligations under the note, and therefore, will be jointly and severally liable with the 1st defendant to discharge the liability under the note. ..... that the payee of the promissory note, viz. ..... and it was not open to the creditor--the plaintiff to rely on the promissory note thereafter.4. ..... there has been an alteration of the agreement contained in the promissory note ext. ..... is an appeal by defendants 2 and 3 from a decree passed in the suit based on a promissory note, ext. ..... promissory note. ..... p-2 promissory note by the execution of the agreement ..... no evidence to contradict the note being admissible by virtue of evidence act, section 92, the learned judge cannot base his judgment on .....

Chandra Babu Vs. Remani

Court : Kerala

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

..... negotiable instruments act, 1881 (sections 138 to 142) was inserted by act ..... payment should be made:- subject to the provisions of section 82, clause (c), payment of the amount due on a promissory note, bill of exchange or cheque must, in order to discharge the maker or acceptor, be made to the holder of the instrument'.apart from the above, in this case, complainant holds the cheque after the death of the payee as a legal heir and she is entitled to possess the same in her own name and in view of section 53, being a legal heir, she is a ..... , which will be noticed hereafter, are almost unanimous that there is no bar created by the aforesaid two sections in the way of such an heir to sue on the basis of the promissory note and recover the debt due to the deceased holder'.after quoting the decision of the allahabad high court ..... that have been quoted above that the rule seems to be fairly well settled that an heir of a deceased holder can bring a suit on the basis of the promissory note to recover the amount due thereon to the deceased holder by reason of the fact that he succeeds to the estate of the deceased holder by inheritance ..... .''holder in due course' is defined in section 9 as follows:'holder in due course' means any person who for consideration became the possessor of a promissory note, bill of exchange or cheque if payable to bearer, or the payee or endorsee thereof, if payable to order, before the amount mentioned in it became payable, and without having sufficient cause to believe that .....

Kochuthressia Vs. Devadas

Court : Kerala

Reported in : AIR1988Ker282

..... -- 'promissory note' means a promissory note as defined by the negotiable instruments act, 1881 (26 of 1881): it also includes a note promising the payment of any sum of money out of any particular fund which may or may not be available, or upon any condition or contingency which may or may not be performed or happen;' and a cursory examination of the above is sufficient to show that for the purposes of the stamp act at least, a note promising payment upon any condition or contingency, certain or not, will amount to a promissory note. ..... appukutty, 1968 ker lt 869 : (air 1969 ker 189), though another part of the reasoning therein, based on explanation (i) to section 13 of the negotiable instruments act, did not meet with the approval of a full bench in santsingh v. ..... the first is that under second paragraph of section 5 of the negotiable instruments act, a promise to pay is not conditional within the meaning of section 4 :'by reason of the time for the payment of the amount or any instalment thereof being expressed to be on the lapse of a certain period after the occurrence of a specified event which, according to the ordinary expectation of mankind, is certain to happen, ..... but it seems to me that the court below was bound to examine the scope of at least section 2(22) of the stamp act and section 5 of the negotiable instruments act, before reaching the conclusion that it did. .....

V.K. Velappu Vs. M.J. Varu

Court : Kerala

Reported in : [1987]61CompCas368(Ker)

..... the holder of the promissory note, was entitled in his own name to the possession thereof and to receive or recover the amount due thereon from the parties thereto in terms of section 8 of the negotiable instruments act (act 26 of 1881). ..... in section 78 of the act which provide:'subject to the provisions of section 82, clause (c), payment of the amount due on a promissory note, bill of exchange or cheque must, in order to discharge the maker or acceptor, be made to the holder of the instrument.'11 ..... in a suit on a negotiable instrument by the payee or the indorsee or the bearer, it is not open to the defendant to plead that the plaintiff is a mere benamidar, not entitled to payment, with a view to show that the note has been discharged by payment ..... the defendant, the maker of the promissory note, in order to plead discharge must make payment to the plaintiff who is the payee of the instrument. ..... it follows, therefore, that a person who is not a holder of a negotiable instrument cannot maintain a suit for recovery of money due under it even though the holder ..... it is a well-settled principle that no person can sue on a negotiable instrument unless he is named therein as the payee or he becomes entitled to it as the ..... there could be no doubt that beneficial ownership of a negotiable instrument does not carry with it a legal title to the property concerned; and, therefore, a mere declaration that a person is the beneficial owner will not entitle him to sue upon it, as it leaves unaffected the .....

Peringottukara Finance and Investments Co. Vs. Harikumar C. and ors.

Court : Kerala

Reported in : 2008(3)KLJ655

..... both the courts below examined the question in view of the presumption under section 118 of the negotiable instruments act, 1881 (hereinafter referred to as the 'act'). ..... the courts below rightly held that the presumption under section 118 of the said act arises either when execution of the promissory note is admitted by the defendants or it is duly proved by the plaintiff ..... 10,000/- from the branch of the plaintiff company and executed a promissory note agreeing to repay the amount with interest at the rate of 21 % per annum with quarterly rests ..... the trial court examined the question as to whether the promissory note is one executed by the defendants or not and whether it was supported by ..... trial court on evidence held that the plaintiffs evidence is not sufficient to prove the execution of the promissory note and therefore entered the finding that ext. ..... is also contended that for the said purpose defendants were asked to affix their signatures on unfilled printed form of a promissory note wherein two revenue stamps were affixed. ..... trial court also took into consideration the fact that besides ext.a1 promissory note, there were other records like agreement, loan register, cash book, pay-in-slip and other connected records in respect of the alleged loan availed of by the defendants and nothing has been produced in support of ext.a1 promissory note. ..... w2 is neither an attestor to ext.a1 promissory note was examined. ..... a1 promissory note cannot be accepted as one duly executed by the .....

Devassia Joseph and anr. Vs. Joseph George

Court : Kerala

Reported in : 1997CriLJ3410

..... under section 118(g) of the negotiable instruments act of 1881, until the contrary is proved the presumption is that the holder of a negotiable instrument is a holder in due course. ..... thus relying on illustration (d) of section 4 of the negotiable instruments act, it was argued that ext. ..... on the basis of section 9 of the negotiable instruments act the learned counsel argued that the burden of proof was on the plaintiff to show that the endorsement was for consideration. ..... thus holder in due course means any person who for consideration became the possessor of a promissory note, bill of exchange or cheque if payable to bearer, or the payee or endorsee thereof, if payable to order, before the amount mentioned in it became payable and without having sufficient cause to believe that any defect existed in the title of the ..... this argument has no force because illustration (d) of section 4 of the act mentioned that the amount should be definite in the pronote. ..... holder in due course is defined in section 9 of the act. ..... the lower court had the opportunity to note the demeanour of p.w. ..... it is to be noted that the first defendant is an advocate and exts. .....