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Kamal Khan Vs. Nizamuddin - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1923All123; 71Ind.Cas.412
AppellantKamal Khan
RespondentNizamuddin
Excerpt:
negotiable instruments act (xx vi of 1881), section 87 - pro-note--alteration of name originally written--material alteration. - interpretation of statutes definition clause: [markandey katju & h.l. dattu, jj] meaning given to an expression in one statute cannot be applied to another statute. - 240 and carried interest at a rate amounting to something like rs......that the pro-note was not executed in favour of the plaintiff, kamal khan, but in the name of one alam khan and that the pro-note has been altered by changing 'alam khan' into 'kamal khan'. the first court decreed the suit, but, on appeal, the learned district judge found as a fact that the pro-note was originally written in favour of 'alam khan' and that name has been altered into 'kamal khan' and he held that this was a material alteration within the meaning of section 87 of the negotiable instruments act such as would render the promissory-note void. we must accept the finding of fact, namely, that originally the name 'alam khan' was written on the pro-note and that it has been changed into 'kamal khan' and we hold that, as a matter of law, such alteration is a material alteration.....
Judgment:

1. This appeal arises out of a suit brought by Kamal Khan on a pro-note executed by Nizamuddin and Khairati. The pro-note is dated the nth January 1918 for a sum of Rs. 240 and carried interest at a rate amounting to something like Rs. 150 per cent, per annum.

2. The defence to the suit was that the pro-note was not executed in favour of the plaintiff, Kamal Khan, but in the name of one Alam Khan and that the pro-note has been altered by changing 'Alam Khan' into 'Kamal Khan'. The First Court decreed the suit, but, on appeal, the learned District Judge found as a fact that the pro-note was originally written in favour of 'Alam Khan' and that name has been altered into 'Kamal Khan' and he held that this was a material alteration within the meaning of Section 87 of the Negotiable Instruments Act such as would render the promissory-note void. We must accept the finding of fact, namely, that originally the name 'Alam Khan' was written on the pro-note and that it has been changed into 'Kamal Khan' and we hold that, as a matter of law, such alteration is a material alteration within the meaning of Section 87 of the Negotiable Instruments Act. The result is that the appeal fails and is dismissed with costs.


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