Back
P. B. BALAJI
K. Meenakumari – Appellant
Versus
K. N. Prasad – Respondent
JUDGMENT
(Prayer: Second Appeal filed under Section 100 of C.P.C against the judgment and decree dated 07.06.2010 passed in A.S.No.699 of 2005 on the file of V Additional City Civil Court, Chennai, reversing the judgment and decree dated 02.09.2005 passed in O.S.No.1744 of 1999 on the file of XI Assistant Judge, City Civil Court, Chennai. 1. The unsuccessful defendant in a suit for recovery of money based on a promissory note is the appellant in the present Second Appeal. In order to adjudicate the second appeal, the necessary facts are briefly culled-out hereunder,the parties being described as per the rank in the suit.
2. The plaintiff one Mr.K.N.Prasad, alleges that the defendant had borrowed a sum of Rs.2,00,000/-from one Mr.P.Premkumar on 15.05.1996, on execution of demand promissory note, agreeingto repay the same together with interest at 36% p.a. It is the further case of the plaintiff that the defendant,besides the execution of the promissory note,also deposited title deeds of her house properties, covered by 5 sale deeds, with an intent to create a valid equitable mortgage by deposit of title deeds, securing due repayment of the amount borrowed by her by execution of a dema
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 main legal point established in the judgment is the application of Section 118 of the Negotiable Instruments Act, which creates a presumption in favor of the plaintiff once the execution of a pro....
The presumption of consideration under Section 118 of the Negotiable Instruments Act is rebuttable; both parties must substantiate claims regarding the nature and existence of consideration for legal....
The presumption of consideration under Section 118 of the Negotiable Instruments Act is rebuttable, and the defendant can discharge the burden of proof by demonstrating the improbability of considera....
The burden of proof to disprove the existence of consideration for a negotiable instrument lies with the Defendant, and the Plaintiff is entitled to the benefit of presumption under Section 118 of th....
The admission of execution of a promissory note shifts the burden of proof to the defendant to prove that no consideration was passed.
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 lies on the defendants to rebut the presumption under Sec. 118 of the Negotiable Instruments Act by adducing convincing evidence to prove the non-existence of consideration.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
