Negotiable Instruments Act, Section 118(a) – Plaintiff has proved that the pronote and receipt were duly executed in accordance with law – Presumption under Section 118(a) of the NIA Act for passing of the consideration arises and the defendant can rebut that presumption by leading evidence – Defendant did not lead any evidence to show that the alleged documents were forged and fabricated or to the effect that no consideration was passed at the time of execution of the pronote and receipt – Proved that the defendant executed these documents after receiving the consideration – Plaintiff is not further required to prove his capacity to make the said payment at the time of execution of the pronote and receipt.
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- Sale of Goods Act
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- Sale of Goods Act
- Sarfaesi
- Securities and Exchange Board of India Act, 1992
- Service Matters
- Service of orders on a government servant
- Sexual Offence
- Special Marriage Act, 1954
- Specific Performance
- Specific Relief Act, 1963
- Stamp Act, 1899
- Stamp duty
- Stay
- Suit for declaration / possession
- Succession Act
- Suit for recovery of Money
- T
- V
- W
CPC S. 60 (1) (CCC) - Suit for specific performance regarding disputed house - Trial Court held that agreement of sale was only for the purpose of security and there was no intention to sell/purchase the house - Only residential house cannot be sold in execution. (PLRonline ID #1318103)
Suit for specific performance of agreement to sell - Parties having close but strained relationship - No evidence to show source of funds , or receipts in writing - It is unbelievable that a person would pay a huge amount and yet not insist on the execution of the sale deed - Suit rightly dismissed [PLR online 414686]
NIA S. 118(a) – When the pronote and receipt have been proved – Plaintiff is not further required to prove his capacity to make the said payment. (ID# 214001)
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