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Suit No. 107 of 1971, decided on 16th April, 1980.
‑‑ O. XXXVII read with Negotiable Instruments Act (XXVI of 1881), S.80‑Evidence, appreciation of Cheques issued by defendants in favour of plaintiff dishonoured by Bank‑Defendant's signatures on dishonoured cheques found identical with those on specimen signature card‑Ownership of business vesting in plaintiff and no contrary evidence produced in such behalf‑Defendant making promise to make payment to plaintiff in cash and suffering no damage for non‑service of notice or return or dishonour of cheques‑Defendant, held, liable to pay amount of cheques to plaintiff, in circumstances.
R. v. Silverlock (1891) 2 Q B 766; S. M. Zahir v. Pirzada Syed Fazal Ali Ajmeri 1974 S C M R 490; Ch. Muhammad Sadiq v. Mumtaz Ali and another P L D 1976 Quetta 53; Messrs Muhammad Yousuf lqbal Ahmed v. IVth Sind Labour Court, Karachi and another P L D 1977 Kar. 711; Cochin Nayar Bank Ltd. v. M. S. Muhammad Sharifuddin and others (1957) 27 Co. Cas. 494; Chunilal Bhoopal v. Chandra Dutta and others A I R 1953 Assam 94; Messrs Khazana Mal Khub Chand v. G. de la Rue Brown A I R 1935 Lah. 413 and Madubai Francia Damel and others v.. Vadilal Kashidas and others A I R 1939 Bom. 147 ref.
Muhammad Arif for Plaintiff.
Mohsin Tayab Ali for Defendant.
Dates of hearing: 14th, 15th and 16th April, 1980.
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