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Gobind Ram Marwary Vs. Mathoora Sabooya and ors. - Court Judgment

LegalCrystal Citation
SubjectBanking
CourtKolkata
Decided On
Judge
Reported in(1878)ILR3Cal339
AppellantGobind Ram Marwary
RespondentMathoora Sabooya and ors.
Cases ReferredAnunt Ram Agurwala v. Nuthall
Excerpt:
hundi - notice of dishonour. - .....and, it may be said, virtually dismissed his suit, on the ground that notice--that is to say, formal written notice--of dishonour had not been served on the defendants. now, neither the case which the lower appellate court cites, anunt ram agurwala v. nuthall 21 w.r. 62 nor any other case, has been brought to our notice which decides that in this country either a written formal notice of dishonour is necessary, or that the absence of such a notice would be a sufficient defence unless it is shown that by such absence the defendant has been prejudiced. so far, therefore, the judgment of the lower appellate court appears to be erroneous, and must be set aside. [the learned judge then proceeded to consider the other points in the case, and with reference to them, the case was remanded.....
Judgment:

Jackson, J.

1. The lower Appellate Court dismissed the appeal of the plaintiff, and, it may be said, virtually dismissed his suit, on the ground that notice--that is to say, formal written notice--of dishonour had not been served on the defendants. Now, neither the case which the lower Appellate Court cites, Anunt Ram Agurwala v. Nuthall 21 W.R. 62 nor any other case, has been brought to our notice which decides that in this country either a written formal notice of dishonour is necessary, or that the absence of such a notice would be a sufficient defence unless it is shown that by such absence the defendant has been prejudiced. So far, therefore, the judgment of the lower Appellate Court appears to be erroneous, and must be set aside. [The learned Judge then proceeded to consider the other points in the case, and with reference to them, the case was remanded to the lower Appellate Court.]


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