demand drafts which gave rise to the
claim before DRT were forged instruments. The argument of the appellant
was that a claim based on such ... argues that since there was no obligation to pay against forged
instruments, the amount can be recovered as a "debt".
17. In United
respecting the transaction concerning
wrongful presentation on receipt of value of forged instrument. Even
if there is negligence in opening of account that ipsofacto ... respecting the transaction concerning wrongful
presentation or receives value of a forged
instrument.
28. As mentioned earlier, by virtue of Section 131 A,
the afore
delivered up and cancelled. The relief extends to a forged instrument, and also to one originally valid but which has subsequently become forged. The chapter ... benamidar, etc. This right has also been recognised in respect of forged instruments which could be cancelled by a party on whose behalf
whom the accounts were transferred on the basis of the forged instruments and also due to callousness and negligence on the part of the bank ... bank officials is evident from the fact that the forged instruments were cleared from Prashant Vihar Branch of the OP Bank and accounts of Pitampura
which, genuine, would apparently be of some legal
efficacy.”
FORGERY, UTTERING FORGED INSTRUMENT, FALSE
PRETENCES DISTINGUISHED. Where the false pretence
made use of to obtain ... resulting crime is sometimes forgery or the
uttering of a forged instrument, and sometimes obtaining
property by false pretence. If the instrument used is false
been found to be a forged instrument, had been handed
over to him by one Mr. Gurmeet Singh Wadalia, S/o Sh. Tirlok Singh,
having ... hearing on the writ petition on
23.07.2014, the date the forged instrument was submitted. We do not have
the benefit of the version
amount due
to a party who has made payment under a forged instrument
constitutes a debt within the meaning of that word in
Section ... disputed.
9. It was, however, contended that money paid under a
forged instrument cannot be said to be a liability due "during
the course
judicially adjudicated and declared, and a mere
cancellation of an instrument would not achieve the
object. Section 42 of the Specific Relief Act would apply ... benamidar, etc. This right has also been recognised in
respect of forged instruments which could be cancelled by
a party on whose behalf
between the opening of the account or the
deposits of the forged instruments so as to treat the said events as
intimately associated with each ... same date as of
the respective presentation of the two forged instruments speaks
A.S.222/2002
14
volumes as to the failure of claimant
Bylappa was sold
10 Title instrument to different persons. Thereafter the
purchasers averred that the said Title instrument are forged
and concocted documents and started ... Title
instrument. The customers and friends of the deceased
purchased the said title instrument, thereafter he came to
know that it is forged and concocted
