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.... With regard to issue whether any change in the promissory note constitutes material alteration. Section 87 of the Negotiable Instruction Act renderes any material alteration in.... AIR 1928 PC 238 that alteration in date constitutes material alteration within definition mentioned in Section 87 of .... So long as there was no concurrence that alteration in date was in consent. The effect of instrument was rendered void, will place the burden of proof only on plaintiff and not on defendant in the...
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11. The word „material alteration" means any change in written instrument which makes it to speak different legal language from that of the original. Section ...that any material
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alteration of a negotiable...instrument renders the same void as against anyone who is a party thereto at the time of making such alternation and does not consent thereto, unless it was made in order to carry out...
...shifts on her to prove that there is no consideration had passed under the promissory note in terms of Section 18(a) of the Negotiable Instrument Act and this burden was not discharged.
...Negotiable Instrument Act deals with material alteration. In effect the material alteration of the instrument cannot be applied for distracting Ext. A1....
7.2 The learned counsel further contended that the first appellate Court has misaddressed the issue when it brought in Sec. 20 of Negotiable Instrument Act (NI ...
...provision of Section 138 Negotiable Instrument Act but also covered by Section 87 of the Act. The said undated cheque was given by the applica...behalf of the applicants that they did not receive any notice from opposite party no. 2 as provided under Section 138 Negotiable Instrument Act. It is further contended that...Section 138 Negotiable Instrument Act. Feeling aggrieved by its, the applicants/accused filed an objection against the summoning order, which was rejected by the court below vide order da...
...year clearly depicts the year as 2802. There is a clear alteration of the year on the cheque which was made as 2002 instead of 1998. As per Section 87 of Negotiable ...the offence under Section 138 of Negotiable Instrument Act (hereinafter referred as NI Act) 2. Heard both the learned counsel for the appellant as ...reads as follows: 87. Effect of material alteration. Any material alteration of a negotiable instrument renders the same void as against any one who is a party...
.... However, none of the parties have denied overwriting.
12.
In this context, it is important to note that Section 87 of Negotiable ...
ORDER
Ms. Adarsh Nain, Member
The Complainant has filed the present complaint under Section 12 of the Consumer protection ..., provides as under:-
13.
Effect of material alteration- Any material alteration of a negotiable instrument renders the...
...alteration renders the said cheque as void in terms of the provision as contained in Section 87 of the Negotiable Instrument Act and therefore, in order to prov...of ‘material alteration’ in terms of Section 87 of the Negotiable Instrument Act whereas case of the complainant-opposite party No. 2 is that ...take notice of the provision of Section 87 of the Negotiable Instrument Act which reads as follows:Section 87-Effect ...
...
promissory note bears an endorsement that ""corporate guarantee executed on 01.02.2021."
ix) The relevant provision of ...as follows:
Section 87- "Any material alteration of a negotiable instrument renders the same void as against anyone who...mention the section 4 of Indian contract Act which is as follows:
"Section 4 of Indian contract Act- A "Promissory note" is an instrument ...
...
promissory note bears an endorsement that ""corporate guarantee executed on 01.02.2021."
ix) The relevant provision of ...as follows:
Section 87- "Any material alteration of a negotiable instrument renders the same void as against anyone who...mention the section 4 of Indian contract Act which is as follows:
"Section 4 of Indian contract Act- A "Promissory note" is an instrument ...
...section 45 of Evidence Act. The trial Court has dealt the issue in C.C. No. 150/2010 and also considered section 87 of Negotiable Instrument ...Negotiable Instrument as per section 118 (a) R/w. section 139 of N.I. Act that, Ex. P-1, which is cheque leaf issued for the discharge of legally enforceable debt....accused who suffered an order of conviction in C.C.No.150/2010 for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 ('N.I. Act', for short) and ordered to pay fine ...
...consequence of Section 87 of Negotiable Instrument Act, 1881. 15.Let as consider whether there is any connection at all between Exhibit A1 suit pro-note and Exhibit B1 sale deed said to h...attracting Section 87 of the Negotiable Instruments Act, 1881. Hence, he contended that the defendant is discharged from liability in respect of consideration as found in the suit pro-note. 7/18 h...B2, in view of the provision under Section 65(a) of Indian Evidence Act, 1872. Hence, he contended that in view of material alteration, Exhibit A1 suit pro-note is a void document and no right flows...
.... Section 87 of the N.I Act declares that “any material alteration of negotiable instrument renders the same void as against any one who is a party thereto at the time of making ...is mandatory that in order to attract prosecution under Section 138 of N.I Act there should be any debt or legal liability. In view of admitted material placed on the part of PW1, instrument has...become void in law. Therefore, no action in law under Section 138 of N.I Act, could lie the acquittal of the accused is sound and proper. The appeal is dismissed....
...alteration of the year
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on the cheque which was made as 2002 instead of 1998. As per Section 87 of ... on the top.
18. Under Section 87 of the N.I. Act, a Negotiable Instrument, which is materially altered becomes void as...cheque.
21. Section 87 of the N.I. Act which speaks about the effect of material alteration, states that any material alteration of a...
...or in any other law which stipulates that a drawer of a negotiable instrument cannot revalidate it. It is always open to a drawer to voluntarily revalidate a negotiable instrument, including a cheque....contemplated by Section 87 of the Negotiable Instruments Act. At this stage there is no basis for arriving at such a conclusion. In the earlier part of the impugned judgment it has been correctly ...High Court by which the criminal proceedings launched by the appellant under Section 138 of the Negotiable Instruments Act have been quashed.4. Briefly stated the facts are...
...Section 87 of the Negotiable Instruments Act which renders a negotiable instrument absolutely void where...Negotiable Instruments Act, S. 13 as amended by Act VIII of 1919. This document is clearly a negotiable instrument within the meaning of Explanation I to S. 13 ...alteration has been made in it does not apply, because this particular note “is not a negotiable instrument for it makes the payment due to a specified person only. This finding is opposed to the...
...Negotiable Instruments Act
26. Section 20 of the Negotiable Instrument Act talks about giving the authority to the holder to make inchoate stamped ...be held to be objectionable. It is for the reason that they were handed over to the complainant only.
29. Section 87 of the Negotiable Instrument Act authorises..., Kurla, Mumbai on 30/08/2011. The complaint for the offence punishable under Section 138 of the Negotiable Instrument Act was filed by the Complainant as a Partner on behalf of the Firm. There wa...
...that it was not a case of inchoate instrument as permissible under Section 20 of the Act. It was a case of material alteration covered by Section 87 of the Act....Section 138 of the Negotiable Instruments Act (hereinafter referred to as the Act, for brevity) on the plea he had borrowe...is in appeal under Section 378(4), Cr.P.C.
4. Learned Counsel submits the appellate Court seriously erred in reversing the finding of the trial Court...
....11. So far as argument that the cheque in question becomes void because of material alteration as provided in section 87 of the Negotiable Instrument ...section 138 of the Negotiable Instruments Act, 1881 on account of dishonour of cheque issued by the petitioner. T...section 73 of the Evidence Act, directed comparison of hand-writing of complainant on the cheques in question instead ...
.... 1[This section applies also, with any necessary modifications, to finger-impressions.] ” 14. The effect of material alteration has been provided under Section 87 of the ...accordance with Section 87 of the Negotiable Instrument Act. 16. The learned counsel for the appellant/plaintiff advanced an argument that this aspect had not been...is as follows:- 87. Effect of material alteration.—Any material alteration of a negotiable instrument renders the same void as against...
...)(b) of the Stamp Act. A “Bond” is not a negotiable instrument and consequently the provisions of Section ...instrument, the affixation of the same subsequently would amount to material alteration of the instrument within the meaning of Section 87 of the Act. Section ...above.21. Bond is not a negotiable instrument. Consequently, the provisions of Section 87 of the Act are not attracted. Any alteration made to a document not being a ...