Supreme Court of India
Kapil Kumar v. Raj Kumar
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.
What the Court ordered
In view of the above and for the reasons stated above the impugned judgment and order passed by the High Court is unsustainable both, on law as well as on facts and the same deserves to be quashed and set aside and the same is accordingly quashed and set aside.
Judgment, page 7
From the headnote
Negotiable Instruments Act, 1881 – ss. 4 and 118 – Promissory note – Appellant instituted recovery suit against r espondent contending that the latter borrowed Rs. 1 lakh from him and also executed a pro-note in favour of appellant – Respon dent denied execution of pro-note and took the stand that no loan was taken by him – Trial court decreed the suit – Decree upheld by Fir st Appellate Court – Second appeal allowed by High Court on gro und that attesting witness to the pro-note was not examined and therefore, content of the pro-note was not proved – Held: High Court e rred in upsetting the
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