Limitation period commencement and procedural inquiry rules: identity-based limitation upheld; complaints by authorised public servants need not attra...
Complaint under the Negotiable Instruments Act failed to establish a legally enforceable debt because mandatory corporate records, a board resolution, contemporaneous calculations or audited entries proving the claimed brokerage were absent; unsigned and belated letters bore indicia of fabrication and thus the pleaded material did not identify how any amount became payable, rendering the proceeding an abuse of process. Consequently the statutory presumption envisaged for negotiable instruments did not arise where the primary onus to set out particulars was not discharged, and no evidence converted company liabilities into the director's personal liability; the complaint was quashed.
Complaint under the Negotiable Instruments Act failed to establish a legally enforceable debt because mandatory corporate records, a board resolution, contemporaneous calculations or audited entries proving the claimed brokerage were absent; unsigned and belated letters bore indicia of fabrication and thus the pleaded material did not identify how any amount became payable, rendering the proceeding an abuse of process. Consequently the statutory presumption envisaged for negotiable instruments did not arise where the primary onus to set out particulars was not discharged, and no evidence converted company liabilities into the director's personal liability; the complaint was quashed.
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