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    <title>1935 (10) TMI 7 - ALLAHABAD HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=290404</link>
    <description>A promissory note&#039;s recital of consideration can be rebutted by evidence showing that only part of the stated amount was actually advanced, so recovery is limited to the proved advance. However, the contractual rate of interest fixed in the written note cannot be altered by an alleged oral agreement, because such evidence would contradict the written instrument and inadmissible settlement communications cannot be used for that purpose. A court deposit without notice does not stop interest until the claimant is informed and has an opportunity to take the money; after notice, interest continues only on the unpaid balance. The decree was therefore modified in the plaintiff&#039;s favour.</description>
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    <pubDate>Mon, 14 Oct 1935 00:00:00 +0530</pubDate>
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      <title>1935 (10) TMI 7 - ALLAHABAD HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=290404</link>
      <description>A promissory note&#039;s recital of consideration can be rebutted by evidence showing that only part of the stated amount was actually advanced, so recovery is limited to the proved advance. However, the contractual rate of interest fixed in the written note cannot be altered by an alleged oral agreement, because such evidence would contradict the written instrument and inadmissible settlement communications cannot be used for that purpose. A court deposit without notice does not stop interest until the claimant is informed and has an opportunity to take the money; after notice, interest continues only on the unpaid balance. The decree was therefore modified in the plaintiff&#039;s favour.</description>
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      <pubDate>Mon, 14 Oct 1935 00:00:00 +0530</pubDate>
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