CITATOR INFO :
R 1978 SC1393 (6)
ACT:
Document-Hundi-Inadequately stamped--Exhibited--
Admissibility-Objection when to be raised-Courts, if can
revise or review order ... Proviso
(a), 36.
HEADNOTE:
The respondent admitted the execution of two Hundis in suit
which were tendered and marked as exhibits but denied
consideration
partition.
Under the terms of para 3 of the Rajinama and the hundi
executed by P in favour of the first respondent, the amount ... authorised to collect the amount of the hundi and to
arrange for the investment of the same on the responsibility
of the father and mother
Hariram gave to the plaintiff a hundi drawn by the defendants which was an incomplete document, in that the necessary parts of the document were ... filled in by the defendants themselves, and this hundi was brought by Hariram and given to the plaintiff in consideration of the loan
agreed between the parties that the plaintiffs should accept and honour 'hundis' drawn by the defendant against the plaintiffs and that the defendant ... plaintiffs on demand the amounts of the said 'hundis' with interest thereon from the dates to payment at the rate
additional
accommodation in the said bank or the other hundi shops
during 1099" (1923-24). These statements, to put it mildly,
are disingenuous ... suggest
that the insolvents had borrowings from the Quilon Bank or
other hundi shops and secondly that their financial position
was so embarrassed that
creditor and a debtor that the receipt of a cheque or a hundi by a creditor may result in an unconditional discharge of the debt ... event of the cheque or the hundi not being honoured the creditor would have no right to sue on the original cause of action
bank was doing business in respect of 'hundis', and it was open to the bank to do this business not only with members ... ordinary business which the bank was doing of discounting 'hundis'. The fact that it happened to be a member who discounted these
creditor and a debtor that the receipt of a cheque or a hundi by a creditor may result in an unconditional discharge of the debt ... event of the cheque or the hundi not being honoured the creditor would have no right to sue on the original cause of action
Yogendranath Ravindranath against payment of the amount for which 'hundis' were drawn. Yogendranath did not make the payment and the Allahabad Bank returned
these were handed over to the buyer on his
honoring a hundi for the value of the goods, the buyer in
this case being
