| Case ID |
2608385f-1d75-4b2a-a6c1-edeadb396b9d |
| Body |
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| Case Number |
Regular First Appeal No.26 of 1996 |
| Decision Date |
Jun 10, 1999 |
| Hearing Date |
|
| Decision |
The appeal was dismissed as the court found that the suit was maintainable. The court ruled that once a document is admitted into evidence without objection, its admissibility cannot be contested later on the grounds of being insufficiently stamped. The court emphasized that the Stamp Act is designed to protect revenue and that minor infractions should not invalidate proceedings. The court also confirmed that the respondent had sufficiently proven that the loan of Rs.15,00,000 was indeed given and that the pronote was executed by the appellant, who did not dispute its execution during the trial. The appellant's arguments regarding the lack of lawful consideration and the non-cancellation of stamps were overruled based on established legal precedents. |
| Summary |
This case revolves around a financial dispute involving a loan of Rs.15,00,000 secured by a pronote. The Peshawar High Court ruled on the admissibility of documents in evidence, particularly focusing on the implications of the Stamp Act and the Negotiable Instruments Act. The court highlighted that once a document is accepted in evidence without objection, its subsequent validity cannot be challenged, thus reinforcing the principles of due process in financial transactions. This case is significant for legal practitioners dealing with financial instruments, as it delineates the boundaries of objections related to document admissibility and the importance of lawful consideration in loans. It serves as a critical reference for understanding the enforcement of promissory notes and the responsibilities of both lenders and borrowers under the law. Legal professionals should take note of the implications for contract law and revenue protection under the Stamp Act, making this case a valuable resource for ongoing education in financial litigation. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
MIAN SHAKIRULLAH,
JAN,
TALAT QAYUM QURESHI
|
| Lawyers |
Muhammad Younis Khan Tanoli,
Sardar Muhammad Irshad
|
| Petitioners |
Sardar MUHAMMAD RAMZAN
|
| Respondents |
MUHAMMAD YAHYA KHAN
|
| Citations |
2000 SLD 1799,
2000 CLC 296
|
| Other Citations |
Rehmat Wali v. Wahid Bakhsh NLR. 1979 Civil SC 809,
Ch. Muhammad Saleem v. Muhammad Akram PLD 1971 SC 561,
Farid Akhtar Hadi v. Muhammad Latif Ghazi 1993 CLC 2015,
Muhammad Akbar Khan v. Saeed Khan PLD 1978 SC (AJ&K) 6,
Samiullah v. Muhammad Ahmad PLD 1977 Kar. 49,
V.E.A. Annamalai Chettiar and another v. S.V.V.S. veerappa Chettiar and others AIR 1956 SC 12,
Abdul Hashim v. Serajul Haque and others PLD 1961 Dacca 596
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Stamp Act (II of 1899),
Negotiable Instruments Act (XXVI of 1881)
|
| Sections |
O. XIII, R. 4,
O. XXXVII, R. 2,
S.35,
S.118
|