https://www.taxtmi.com/caselaws?id=197724 An unstamped promissory note that embodies the entire loan contract prevents the lender from proving and suing on the underlying debt through other evidence. Section 91 of the Indian Evidence Act requires proof of contractual terms by the written instrument, while the Stamp Act renders an insufficiently stamped instrument inadmissible. A suit on the underlying obligation may nevertheless be maintained where the note does not contain the whole bargain or was given merely as collateral security or conditional payment. Whether the note exhausts the contract depends on the surrounding circumstances; fresh consideration was required on that basis. en-us Thu, 10 Feb 1938 00:00:00 +0530 Sat, 13 Jan 2018 12:24:24 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=197724 An unstamped promissory note that embodies the entire loan contract prevents the lender from proving and suing on the underlying debt through other evidence. Section 91 of the Indian Evidence Act requires proof of contractual terms by the written instrument, while the Stamp Act renders an insufficiently stamped instrument inadmissible. A suit on the underlying obligation may nevertheless be maintained where the note does not contain the whole bargain or was given merely as collateral security or conditional payment. Whether the note exhausts the contract depends on the surrounding circumstances; fresh consideration was required on that basis. Case-Laws Indian Laws Thu, 10 Feb 1938 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=197724