Material alterationDate alterationLahore High Court

Dass Ratna v Kunj Bihari

AIR 1929 Lahore 58719291 min read
The case in brief30-second read
Facts
A cheque was issued with a specific date. The date was subsequently altered without the drawer's consent. The cheque was presented for payment after the alteration.
Issue
Whether alteration of the date on a cheque constitutes material alteration under S.87 of the NI Act.
Held
Date is a material part of a negotiable instrument. Its alteration without consent of all parties vitiates the instrument under S.87. A cheque with an altered date (without the drawer's authenticated consent) is void. The paying banker is protected in refusing payment on a visibly altered instrument.
Principle
Alteration of date on a cheque is material alteration under S.87; renders instrument void without consent

Facts

  • A cheque was issued with a specific date
  • The date was subsequently altered without the drawer's consent
  • The cheque was presented for payment after the alteration
  • The drawer contested payment

Issue

  1. Whether alteration of the date on a cheque constitutes material alteration under S.87 of the NI Act.

Held

  • Date is a material part of a negotiable instrument. Its alteration without consent of all parties vitiates the instrument under S.87. A cheque with an altered date (without the drawer's authenticated consent) is void. The paying banker is protected in refusing payment on a visibly altered instrument.

Ratio decidendi

Alteration of date is material alteration under S.87. The instrument becomes void against parties not consenting to the alteration. The banker may refuse payment.

Exam use

How to use it in an answer

Use for material alteration questions. Key line: "Date alteration = material alteration; instrument void under S.87 without all parties' consent."

Cite this

Citation

Dass Ratna v. Kunj Bihari AIR 1929 Lahore 587

Reported: AIR Lahore. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.