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Judgment Search Results Home > Cases Phrase: patents act 1970 39 of 1970 section 150 security for costs Sorted by: old Court: privy council Year: 1875

Oct 15 1875 (PC)

Suganchand Shivdas Vs. Mulchand Joharimal

Court : Mumbai

Decided on : Oct-15-1875

Reported in : (1877)ILR1Bom23

Michael Westropp, C.J.1. The facts of this case are very clearly stated in the judgment of the Court below by Green, J., and we agree with him in his decision on those facts. We must consider that several matters combine to make up a cause of action, and that, in such a case as the present, the dishonour of a bill or hundi by the drawee is a part of the cause of action of the holder against the indorser. It has been held that notice of dishonour is a material part of the cause of action against an indorser, and that being so it seems to us to follow as a matter of course that the dishonour itself must also be a material part of that cause of action.2. We also consider that the custom sworn to by the plaintiff's witnesses is a reasonable one, and in accordance with the law merchant. We must regard the plaintiff as holder for value of the hundi sued on. It appears that there was a large balance due to him from Popsang and on receipt of the hundi, viz., on the 3rd June, he entered the amo...

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