Global Cleaning Services 06 March 2022
Global Cleaning Services 07 March 2022
Shashi Dhara 07 March 2022
it comes under small cause you have to approach high court for rivision ,if it comes in o.s. if limitation is not barred then you can file civil suit against lrs of deceased.
Palak batra 07 March 2022
Sec. 29 of Negotiation instrument Act 1881 talks about legal representation of a deceased person who signs his name to a promissory note, bill of exchange or cheque is liable personally thereon unless he expressly limits his liability to the extent of the assets received by him as such."
The circumstances have to be examined to see whether there is an express or tacit contract to the effect that the writing or the endorsement as the case may be, is made not the undertaking of the liability, or the guarantee of liability of the original drawer or the earlier endorser.
In this case, Radhakishan S/O R.S. Nathulal vs Smt. Narainibai W/O Ramkishan it was held that, Certainly in the event of the endorser being liable, he should be liable personally, because the mere descripttion as executor has not the effect of restricting the liability for the purposes of Section 29. This is clear in case law also, which need not be set out at length. But in our view there is no liability on account of this endorsement which was one only for the collection of the dues.
Global Cleaning Services 08 March 2022