Vishwas Shivaji Nyahale v. Mahadev Dnyaba Vibhute
Case brief
What is this about?
Second appeal filed by original defendant challenging First Appellate Court's decree reversing Trial Court's dismissal of a money suit. Court held no substantial question of law arises, dismissed the appeal by disposing of it as not admitted. Addressed waiver regarding stamp duty objection.
What did the court decide?
Second appeal disposed of as not admitted; stay application and civil application disposed of subject to deposit of proceedings fee.
What the court decided
1 SA 482-2017
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
SECOND APPEAL NO.482 OF 2017
Vishwas Shivaji Nyahale, Age 68 years, Occupation Business, R/o. 13, Swami Nagar, Nakane, Tq. Dist. Dhule.
...Appellant (Orig.Deft.)
VERSUS
Mahadev Dnyaba Vibhute, Age 81 years, Occupation Agriculture and Business, R/o Backside of Manohar Talkies, Amarnagar, Dhule.
...Respondent (Orig.Plff.)
.….
Mr. S. P. Brahme and Mr. A. R. Syed, Advocates for appellant.
Mr. S. P. Shah, Advocate for respondent.
….
Issues for consideration
3 issues framed by the court
Whether substantial question of law arises solely due to absence of concurrent findings of fact.
Whether the plea of insufficient stamp on receipt can be raised for the first time in second appeal.
Whether there is a presumption under Section 118 of the Negotiable Instruments Act given the admitted issuance of cheque.
Parties & counsel
- appellant
Vishwas Shivaji Nyahale
- respondent
Mahadev Dnyaba Vibhute
Coram
Vibha Kankanwadi
Case details
As recorded by the court registry
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Vishwas Shivaji Nyahale Vs Mahadev Dnyaba Vibhute