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Showing posts from May 30, 2024

How to recover part payment of cheque

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Recovery of part payment  The court outlined the following procedure for cases involving part payments on cheques: 1. **Adherence to Section 56 of the Negotiable Instruments Act, 1881**: When part payments have been made on a cheque, the payee must endorse these payments on the cheque itself. Section 56 specifically requires that any part payment must be noted on the cheque to reflect the remaining balance. 2. **Filing a Suit in a Court of Plenary Jurisdiction**: If the payee fails to make the necessary endorsements as required by Section 56, they cannot simply present the cheque for encashment or file a suit under Order XXXVII, Rules 1 and 2, Code of Civil Procedure, 1908 (which provides for summary procedure suits). Instead, they must file a suit in a court of plenary jurisdiction (a regular civil court) to recover the balance amount. 3. **Returning the Plaint for Presentation in the Appropriate Court**: In this case, the trial court should have returned the plaint to the appella...

attorney did not have the authority to enter into arbitration agreements regarding the land, leading to the nullification of all related transactions

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The unique point in this case is that the attorney did not have the authority to enter into arbitration agreements regarding the land, leading to the nullification of all related transactions. The main story of the case revolves around a dispute over the ownership of a piece of land. The petitioners claimed that their predecessor-in-interest had not authorized any transactions regarding the land and that the transfer of ownership through an arbitration award obtained by the respondents' predecessor was fraudulent. The court found that the attorney representing the respondents did not have the authority to enter into arbitration agreements regarding the land. Consequently, the court set aside all transactions related to the land conducted on the basis of the power of attorney and ruled in favor of the petitioners. The case you provided, Memon v. Mst. Irshad Begum, revolves around a dispute over property ownership. The petitioners claimed that their predecessor-in-interest had been f...