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T MALLIKARJUNA RAO
Shaik Khadar Vali – Appellant
Versus
Shaik Maqbul – Respondent
| Table of Content |
|---|
| 1. appellant's claim based on promissory note. (Para 1 , 2 , 4) |
| 2. defendants' denial of claim and counterarguments. (Para 5 , 6) |
| 3. interplay between law and factual findings (Para 8 , 10) |
| 4. substantial questions of law regarding jurisdiction and evidence sufficiency. (Para 12 , 14) |
| 5. high court's jurisdiction under section 100 of cpc. (Para 17 , 18 , 19) |
| 6. validity of promissory note (Para 22) |
| 7. threshold for rebuttal in debt recovery (Para 25 , 29) |
| 8. validity of the promissory note established. (Para 30 , 31) |
| 9. conclusion - restoration of trial court's judgment. (Para 32 , 33) |
JUDGMENT :
1. This Second Appeal, under section 100 of Code of Civil Procedure, 1908 (for short, 'C.P.C'), has been filed by the Appellant/Respondent/Plaintiff against the Decree and Judgment dated 07.04.2009, in A.S.No.302 of 2008 on the file of IV Additional District Judge, Guntur (for short, ‘the 1st Appellate Court’) reversing the decree and Judgment dated 22.09.2008, in O.S.No.735 of 2005 on the file of II Additional Senior Civil Judge, Guntur (for short, ‘the trial Court’).
2. The Appellant/Respondent is the Plaintiff, who filed the suit in O.S.No.735 of 2005 seeking recovery of Rs.3,98,80
The court reaffirmed that findings of fact by lower courts must not be interfered with unless shown to be perverse, and upheld the presumption of consideration under the Negotiable Instruments Act.
The presumption under Section 118 of the Negotiable Instruments Act favors the holder of a promissory note, and the burden of proof lies on the Defendants to demonstrate the non-existence of consider....
The validity of a promissory note is upheld when supported by evidence of execution and consideration, and a second appeal requires substantial questions of law to be present.
The execution of a Promissory Note is sufficiently proved by witness testimony, and non-production of accounts is not fatal to the plaintiff's case.
The presumption of consideration under Section 118 of the Negotiable Instruments Act applies once execution of the promissory note is established, placing the burden on the Defendant to rebut this pr....
The burden of proof lies with the Plaintiff to establish the execution and validity of the promissory note, and the Court can compare signatures to determine authenticity.
The courts affirmed the validity of a promissory note based on direct evidence, emphasizing that expert testimony is weak and should not override substantive evidence.
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