9911796707
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Issues Involved:
1. Recovery of Rs. 5000 and Rs. 34,000 with interest. 2. Authority of a partner to draw cheques in his own favor. 3. Plaintiffs' entitlement as holders in due course of the cheque. 4. Inquiry obligation of the endorsee regarding the title of the payee. Detailed Analysis: Recovery of Rs. 5000 and Rs. 34,000 with Interest The Plaintiffs sought to recover two sums of Rs. 5000 and Rs. 34,000 with interest from the Defendants. The Defendants, a partnership firm, initially contested their liability for these amounts. However, they conceded their liability for the Rs. 5000 claim, leading to a decree in favor of the Plaintiffs for this amount with interest at 6% per annum from 19-6-1949 till judgment. Authority of a Partner to Draw Cheques in His Own Favor The Plaintiffs contended that Jamnadas, a partner with full managerial authority, had the implied authority to draw cheques on behalf of the firm. However, the court found no evidence of express or implied authority allowing Jamnadas to draw a post-dated cheque in his own favor and endorse it to a third party. The court emphasized that partnership agreements do not inherently authorize a partner to enter into contracts with himself without the consent of all partners. Plaintiffs' Entitlement as Holders in Due Course of the Cheque The Plaintiffs argued that they were holders in due course of the Rs. 34,000 cheque. However, the court held that the Plaintiffs were aware that the cheque was drawn by Jamnadas in his own favor, which should have prompted further inquiry. The court stated that under Section 9 of the Negotiable Instruments Act, a holder in due course must obtain the instrument without sufficient cause to believe any defect existed in the title of the person from whom it was derived. Inquiry Obligation of the Endorsee Regarding the Title of the Payee The court ruled that the Plaintiffs failed to make reasonable inquiries into the title of Jamnadas when accepting the cheque. Despite knowing that Jamnadas had financial difficulties and that the cheque was drawn in his favor, the Plaintiffs did not verify with other partners or the firm. The court concluded that the Plaintiffs did not act diligently and could not claim to be holders in due course. Conclusion The court dismissed the Plaintiffs' claim for Rs. 34,000 against the defendant firm. The Plaintiffs were awarded Rs. 5000 with interest at 6% per annum from 19-6-1949 till judgment. Each party was ordered to bear its own costs, and interest on the judgment was set at 4%. The court's decision underscores the importance of due diligence and proper authorization in financial transactions within partnerships.
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