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Checking relevance for Hiten P. Dalal VS Bratindranath Banerjee...
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Checking relevance for Ritu Saxena VS J. S. Grover...
Ritu Saxena VS J. S. Grover - 2019 0 Supreme(SC) 1026 : The court held that oral statements alone cannot be accepted as proof of financial capacity or readiness to perform a contract. In particular, the appellant claimed to have carried a banker’s cheque on a certain date but failed to provide details of the cheque, a copy of the cheque, or a bank statement showing withdrawal of funds. The court emphasized that without documentary evidence such as bank statements or passbook copies, such claims carry no weight. This establishes that merely asserting the existence of a cheque is insufficient; the party must provide supporting bank records to substantiate that the amount was withdrawn and available for payment.Checking relevance for Uttam Ram VS Devinder Singh Hudan...
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Checking relevance for Commissioner Of Income Tax, Bombay VS Ogale Glass Works LTD. , Ogale Wadi...
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Checking relevance for P. N. Narasimhan Rep. by Power of Attorney Agent N. Parthasarathy VS J. Santhanam...
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Checking relevance for Hiten P. Dalal VS Bratindranath Banerjee...
Checking relevance for Bratindranath Banerjee, Director, Standard Chartered Bank VS Hiten P. Dalal...
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Checking relevance for J. Vincent VS S. Srinivasan...
J. Vincent VS S. Srinivasan - 2015 0 Supreme(Mad) 2976 : In a suit for specific performance, a party claiming payment via cheque must provide bank statements to substantiate that the cheque amount was withdrawn from their account. This is demonstrated in the case where the plaintiff claimed payment of Rs.1,00,000/- and Rs.14,00,000/- via cheques, which were verified through the testimony of bank managers (P.W.2 and P.W.3) and bank account statements (Exs.C-2 and C-3). The court relied on these bank records to confirm the credit/debit entries, establishing that the amounts were indeed transferred from the plaintiff''''s account to the defendant''''s account. The court found that the bank statements were crucial in proving the payment, and the absence of such documentation would have undermined the claim. Thus, the burden lies on the party asserting payment by cheque to produce bank statements showing the withdrawal of funds.Checking relevance for M/s. Ve-En Textiles Pvt. Ltd. , Rep. By its Managing Director, V. Nadaraja, Vasudev Garden VS B. S. Bethu Raju...
Checking relevance for Punny Akat Philip Raju, Since dead by his LRs. VS Dinesh Reddy...
Punny Akat Philip Raju, Since dead by his LRs. VS Dinesh Reddy - 2016 0 Supreme(Kar) 424 : When a plaintiff claims readiness to perform contractual obligations involving payment of money, such as issuing a cheque for sale consideration, mere assertion or production of the cheque is insufficient. The plaintiff must provide documentary evidence to substantiate that the funds were available and the cheque was honored. Specifically, the court emphasized that proof of financial capacity to pay the balance sale consideration must be supported by documentary evidence such as bank statements, passbooks, fixed deposit receipts, or loan sanction letters. In the absence of such evidence, oral testimony—even if unchallenged—does not establish readiness. Therefore, a person who contends that a cheque was given as proof of payment must produce bank statements or other documentary evidence showing that the amount was withdrawn from the account and the cheque was cleared, as mere production of the cheque without supporting documents does not prove financial readiness.Checking relevance for Punny Akat Philip Raju, Since dead by his LRs. VS Dinesh Reddy...
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Checking relevance for Poornima W/o. Venkatesh M. N. VS B. M. Ramaswamy...
Checking relevance for Goodwill Hire Purchase Corporation VS Daljit Singh Alias Jangi...
