In the world of finance and personal transactions, lending money often carries significant risks. A common legal adage in , particularly in cases, questions whether a prudent lender would advance funds without some form of security or prior assurance. The statement —often rephrased as —raises critical questions about caution in lending practices [
#PrudentLending, #NIAct138, #LoanSecurity
The action, is for money lent. There is no evidence of a loan. Nor is there evidence that the I.O.Us, were given to the plaintiff. There is no proof of the debt. In fact the defence is that the I.O.Us, referred to another transaction. The action is against the estate of a dead man. ... I am prepared to hold that by receiving the gratuity money also she became liable to be sued. ... ....
No prudent man will lent money again, when the first debt and its interest was not paid. ... It is to be noted that no prudent man will lent money again, when he did not receive any interest for the earlier debt, which cause serious doubt in the case of the appellant/complainant. ... It is to be noted that without receiving#....
It shows that the complainant and her husband lent the amount without receiving the previous amount which is due. No ordinary prudent man will lend the amount without receiving the previous loan amount. The learned Magistrate found that the petitioner has not proved her case and dismissed the same. ... The husband o....
No prudent man will lent money again, when the first debt and its interest was not paid. ... It is to be noted that no prudent man will lent money again, when he did not receive any interest for the earlier debt, which without receiving any interest or even part payment in the principal amount, appellant/....
various kinds, and added that the plaintiff company also lent money occasionally. ... Ramanathan, after receiving the loan in Madras, is said to have left for Malaya. The loan was granted somewhere in May or June, 1937, and Ramanathan failed either to repay the loan within the time stipulated or even to hypothecate his properties. ... The 1st defendant avers that in pursuance of his....
It is to be noted that no prudent man will remain quite for a period of three years without receiving any interest, when he lent the money out of his savings and from the money received from his aged mother, which cause serious doubt in the case of the appellant/complainant. ... The Court below has failed to note that it is for the appellant/complainant, who l....
It is to be noted that no prudent man will remain quite for a period of three years without receiving any interest, when he lent the money out of his savings and from the money received from his aged mother, which cause serious doubt in the case of the appellant/complainant. ... The Court below has failed to note that it is for the appellant/complainant, who l....
Singh (1884-1 Weir 47-Gour. p. 620) a man who wrote and attested a sale deed of a child purchased by a prostitute for purposes of prostitution was not liable as an abettor for the transactions might have been completed without any writing at all. ... Indeed one might say that without his part in it the play would lack the prince. ... Held, that the note was a fictitious note within the meaning of section 14 of the Money#HL....
No prudent man would lend money without any security, that too after issuance of statutory notice under Section 138 of the Negotiable Instruments Act for the earlier alleged borrowal of loan. ... by the person for the previous borrowal. ... While being so, again the respondent had lent a sum of Rs.3,00,000/- as a loan, that too, #HL....
He would submit that no prudent man would lend such a huge amount without even obtaining any document for security. ... Because no prudent man would lend such a huge amount on instalment basis without any document or security and without any benefit of interest. 14. ... Admittedly, without any benefit, he could not have lent the #HL_S....
Both the courts below drawn presumptions under Section 139 of the NI Act without considering the probabilities and financial capacity of the complainant. No prudent man would believe that a huge amount in lakhs of rupees was lent to a person as hand loan without any document against whom and his family member, a civil dispute was pending in the court. Both the courts below failed to appreciate the oral and documentary evidence on record. Act for the alleged amount of Rs.9,00,....
For the reasons best known he evaded to answer the same in cross examination assumes significance. No reasonable and prudent man, having given loan of a sum of Rs.25,00,000/-, without remembering the date.
The learned counsel for the petitioner also contends that the complainant and Vijay Bhadana are co-accused in many other cases and therefore the petitioner did not examine Vijay Bhadana. He states that no prudent man will advance loan to a person with whom he has several disputes. He further states that the bank statements of the complainant shows that the complainant never had a closing balance of more than Rs.2,10,000/- during last three years until the issuance of bearer c....
Further added that no prudent man can give a loan of Rs.2,00,000/- without closing the earlier loan. This has also creates a doubt whether the alleged transaction made between the petitioner and the second respondent is a genuine one.
In this situation, it is nothing but a probable defence raised by the accused. No prudent man can give a sum of Rs. 40 lakhs to the other man by way of hand loan without getting any documents.
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