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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SATHISH NINAN, P.KRISHNA KUMAR
Shaiju – Appellant
Versus
Manikandan – Respondent
| Table of Content |
|---|
| 1. overview of the suit for recovery and the defense of fabrication. (Para 1 , 2 , 3 , 4) |
| 2. inconsistency in pleadings undermines the credibility of the transaction. (Para 8 , 9 , 10 , 11 , 12) |
| 3. failure to discharge the burden of proof regarding execution of a document. (Para 17 , 18 , 19) |
JUDGMENT :
P.Krishna Kumar, J.
The suit for recovery of money based on a demand promissory note was decreed in part by the trial court by the judgment impugned in this appeal. The appeal is preferred by the plaintiff challenging the judgment to the extent the plaint claim was declined.
2. For the sake of convenience, the parties are hereinafter referred to as they were arrayed in the suit. The plaintiff contended that, in June 2016, the defendant, who was a close acquaintance, requested a loan of Rs.50,00,000/- for procuring gold for commercial purposes. The plaintiff allegedly lent him Rs.48,00,000/- by withdrawing Rs.13,00,000/- on 27.06.2016, Rs.18,00,000/- on 02.08.2016 and another Rs.17,00,000/- on 19.08.2016. On 23.08.2016, the defendant allegedly executed a promissory note in favour of the plaintiff for Rs.48,00,000/- carrying interest at the rate of 12% per annum. Since the d
Mere admission of a signature on a promissory note does not establish its valid execution; the initial burden under Section 118 of the Negotiable Instruments Act, 1881, resides with the plaintiff to ....
The presumption under Section 118 of the Negotiable Instruments Act arises when execution of a promissory note is established, placing the burden on the defendant to disprove the transaction.
The central legal point established in the judgment is the requirement to prove the execution and genuineness of a promissory note under the Negotiable Instruments Act 1881.
The main legal point established in the judgment is the presumption of consideration under Section 118 of the Negotiable Instruments Act and the burden of proof on the defendant to rebut this presump....
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....
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