pratik
24 June 2010 at 00:28
20.Inchoate stamped instruments.- Where one person signs and delivers to another a paper stamped in accordance with the law relating to negotiable instruments then in force in [India], and either wholly blank or having written thereon an incomplete negotiable instrument, he thereby gives prima facie authority to the holder thereof to make or complete, as then case may be, upon it a negotiable instrument, instrument, for any amount specified therein and not exceeding the amount covered by the stamp. The person so signing shall be liable upon such instrument, in the capacity in which he signed the same, to any holder in due course for such amount, provided that no person other than a holder in due course shall recover from the person delivering the instrument anything in excess of the amount intended by him to be paid thereunder.
Example(S)(S)(S)(S)(S)(S)(S)(S)(S)(S)(S)S()S()S((S) Required for the above mentioned section pls.................
Thanking u all experts in advance.
pratik
24 June 2010 at 00:25
20.Inchoate stamped instruments.- Where one person signs and delivers to another a paper stamped in accordance with the law relating to negotiable instruments then in force in [India], and either wholly blank or having written thereon an incomplete negotiable instrument, he thereby gives prima facie authority to the holder thereof to make or complete, as then case may be, upon it a negotiable instrument, instrument, for any amount specified therein and not exceeding the amount covered by the stamp. The person so signing shall be liable upon such instrument, in the capacity in which he signed the same, to any holder in due course for such amount, provided that no person other than a holder in due course shall recover from the person delivering the instrument anything in excess of the amount intended by him to be paid thereunder.
I have Understood the meaning but than also example(S)(S) Required pls pls example(S)(S).
Thanking u all experts in advance.
barun deka
23 June 2010 at 18:03
calling upon all friends in lawyers club conversant with CPC for an answer based on precedents and ratios-
when a suit is dismissed for non-appearance of the plaintiff under order 9 rule 3 of the cpc, the plaintiff may either file a restoration under order 9 rule 4 or he may file a fresh sui.
now if he opts to file a restoration petition and the same gets dismissed/rejected, can he after such rejection resort to the other alternative of filing fresh suit?
i would highly appreciate if friends can look up and offer me the right position of law and also a decision
Anonymous
23 June 2010 at 16:10
I have a question , in a parental property related matter if sisters have executed a registered released deed in favour of their brothers does it still needs to be proved by the sisters by admitting personally before the court that they have executed the release deed or even without admiting it is admisable as it is a duely registered
deed . and what if any one dies in due course of time , after executeing release deed as these matters linger in courts for years , will that release deed be considered valid. kindly qoute relevant section .
Anonymous
23 June 2010 at 15:16
How a consumer forum derives its jurisdiction for adjudication of complaint made to it in respect of subject matter which is subject to an arbitration agreement between the parties
Anonymous
23 June 2010 at 14:13
Sir,
A person 'X'in his late 80s executed a sale deed to 'Y' which got registered. but the price was not paid, which got mentioned in the sale deed. Also possession not delivered. Original sale deed was with seller. Seller waited for some years for consideration to be paid. After 6yrs. seller 'X'died. The legal heirs too waited for some years for consideration. But the buyer 'Y' does not had the good financial condn, so he failed to pay. After 9 years from the death of seller 'X'i.e. 15 yrs after the first sale deed, the legal heirs of the seller 'X' sold that property along with some other property to third party "z" and delivered the possession to him. “Z” was not having any knowledge of previous sale deed. The first buyer 'Y' too died. Then the legal heirs of the first buyer 'Y' too fooled a person and sold the property to “M” after 5 years from the date of purchase of “Z”. Now “Z” and “M” are at conflict. “Z” has filed the title suit. “M” has submitted certified copy of first sale deed in which it is clearly mentioned that consideration has not been paid and unless it is paid original sale deed will not be delivered. No one is having the original copy of first sale deed executed by “X”. “Z” is having all the original documents related with that property some of them are of 1920 , 1921, 1927 etc. In this condition what “Z” should take the plea. Plz. Suggest and guide.
Thanking all of U.
Anonymous
23 June 2010 at 13:16
Respected Experts,
Actually, “A” is a Thumb Impressioner. In all earlier correspondence made with the Government authorities, she made her Left Thumb Impression on all papers. And also she made her LTM on a Registered Sale Deed. Now “A” is no more.
But “B” produced a will before the court, in a property matter, which was filed against the LRS of the deceased “A” and contending that “A” has singed on the will. In this case “B” is the Plaintiff and the Lrs of “A” are defendants.
So on whom, the burden of proof is stands. And how it could be proved.
Anonymous
23 June 2010 at 12:15
Respected Experts,
Plz. Clarify the doubt and give a solution for the query.
A and B are contesting a landed litigation since 40 years. While things stands thus, both of them entered into a compromise and accordingly a decree has been taken in favour of “A”. To implement the said decree, "A" has approached the revisional authorites and when the matter was carried before the revisional authorities/courts, “B” also raising some technical objections/disputes against “A” and wherein “A” has succeeded in all Revisional Authorities and also Single Judge of High Court. Again the matter was carried out by “B” upon the judgment of Single Judge.
While a Writ Appeal pending before the Division Bench of High Court, “C” entered into the picture and got purchased 3/4th of the lands by way of Registered Sale Deed and 1/4th of the lands by way of Registered Agreement of Sale cum GPA. I think that “C” entered into the said lands, knowing about the dispute and further “A” has succeeded in all lower courts and with a view to succeed before Division Bench also, since “A” has valid reasons to win the case.
Unfortunately the Division Bench has quashed all the orders below and that a SLP is filed and it is pending before the Apex Court. At this movement, “C” has the following doubts.
1. “C” wants to implead in this SLP as a party, as he was not impleaded earlier.
2. In case, if A colludes with B, what “C” should do?
3. Is there any possibility by A, to cancel the above two registered deeds, either today or tomorrow.
pratik
23 June 2010 at 11:04
(a) revive anything not in force or existing at the time at which the repeal takes effect; or
Pls explain what do the above section says with the example(S)(S)(S).
Pls
Thanking u all experts in advance.
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
39. Surety ship
39. Surety ship.-When the holder of an accepted bill of exchange enters into any contract with the acceptor which, under section 134 or 135 of the Indian Contract Act, 1872 ( 9 of 1872), would discharge the other parties, the holder may expressly reserve his right to charge the other parties, and in such case they are not discharged.
Examples Examples Examples Examples Examples Examples Examples Examples Examples Examples Examples Examples Examples Examples Pls of the above mentioned section.