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september 1990

Supreme Court of India · 1990-09-18

U. PONNAPPA MOOTHAN SONS, PALGHAT vs CATHOLIC SYRIAN BANK LTD. AND OTHERS

Citation / case number
SC 1984/68290
Court
Supreme Court of India
Petitioner
U. PONNAPPA MOOTHAN SONS, PALGHAT
Respondent
CATHOLIC SYRIAN BANK LTD. AND OTHERS
Author
K. JAYACHANDRA REDDY
Bench
K. JAYACHANDRA REDDY

Judgment text excerpt

The Supreme Court examined the definition of 'holder in due course' under Section 9 of the Negotiable Instruments Act, 1881, emphasizing that the title of the transferor must be free from defects. The Court upheld the trial court's ruling that the respondent Bank was a holder in due course entitled to enforce liability against the appellant, despite the appellant's claims regarding non-supply of goods. The appeal was dismissed, affirming the Bank's right to recover the amount from the appellant and other defendants.

U. PONNAPPA MOOTHAN SONS, PALGHAT vs CATHOLIC SYRIAN BANK LTD. AND OTHERS · Niyam