Supreme Court of India
Hiralal and Others v. Badkulal and Others
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
4 Supreme Court benches have cited this judgment.
What the Court ordered
For the reasons stated above this appeal has no merits and we accordingly dismiss it with costs.
Judgment, page 9
From the headnote
Acknowledgment- Whether gives fresh cause of action- Practice -Party in possession of documentary evidence- Duty to produce. Where the defendants who had dealings with the plaintiffs for several years signed the following entry in the plaintiffs' ac count book underneath the earlier entries: "After adjusting the aceounts Rs. 34,000 found correct pay able". Held, that this amounted to an unqualified acknowledgment of liability to pay and implied a promise to pay and could be made the basis of the suit and gave rise to a fresh cause of action. Maniram v. Seth Rup Chand (33 I. . 165), Fateh
Where later benches applied it
- 2012 Union of India v. Ibrahim Uddin & Anr.
- 2006 Standard Chartered Bank v. Andhra Bank Financial Services Ltd. & Ors
- 2002 Syndicate Bank v. R. Veeranna and Ors.
- 1999 Bharat Barrel and Drum Manufacturing Co. v. Amin Chand Peyarelal
Of those, 4 mentioned
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