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
- 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 587Reported: AIR Lahore. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.