Commissioner Of Income Tax, Bihar & ... vs Maharajadhiraja Sir Kameshwar Singh Of ... on 17 October, 1939
12. I hope the Department will not suggest that the market value of a cheque issued by the Government of India is any less than its face value. It is rather interesting that the learned Judges of the Allahabad High Court considered the Privy Council decision in Commissioner of Income-tax v. Maharajadhiraja Kameshwar singh of Darbhanga and they have distinguished it by pointing out that, in the case of a debtor's promissory note, it is a mere substitution of promise to pay at a later date for the obligation to make a payment presently due, and also by relying on a dictum of Lord Justice Mackinnon in Westminster Bank Ltd. v. Osler, that "there can never be payment of his debt by a debtor by giving his own promise to pay at a future date".