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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY
Y.Amaladass – Appellant
Versus
Y.JosephJesuraj – Respondent
| Table of Content |
|---|
| 1. the case revolves around the appeal against a promissory note judgment. (Para 1 , 9) |
| 2. loan agreement details (Para 3 , 4) |
| 3. trial and appellate court findings (Para 6 , 7 , 8 , 13) |
| 4. issues raised regarding notice and evidence (Para 10 , 14 , 15 , 16) |
| 5. defendants' claims against plaintiffs (Para 11 , 12) |
| 6. court notes lack of evidence handling and demand notice issues. (Para 17) |
| 7. the appeal concludes with remanding the case for reconsideration. (Para 18) |
JUDGMENT :
Krishnan Ramasamy, J.
This Second Appeal was filed aggrieved over the Judgement and Decree dated 21.10.2021 passed in A.S.No.47 of 2019 on the file of the learned I Additional District Judge, Madurai.
2. For the purpose of easy reference, the appellants herein may be referred hereinafter as the defendants and the respondents herein may be referred hereinafter as the plaintiffs.
3. Initially, the plaintiffs filed a suit in O.S.No.190 of 2012 before the II Additional Subordinate Judge, Madurai. The brief facts of the case of the plaintiffs are as follows.
3.1. The plaintiffs are husband and wife. The 1st defendant is the brother of the 1st plaintiff and the 2nd defendant is the wife of the 1st defendant. On
Compliance with procedural standards, especially regarding valid demand notices, is essential in legal proceedings concerning negotiable instruments to ensure fairness and justice.
The plaintiff's failure to disprove the defense taken by the defendant and the finding of the suit promissory note as not true and valid influenced the court's decision.
The mere admission of a signature on a Promissory Note does not invoke the presumption under Section 118 of the Negotiable Instruments Act without proof of execution and passing of consideration.
The presumption of consideration under Section 118 of the Negotiable Instruments Act is robust against mere denial by the borrower of signing promissory notes.
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 presumption under Section 118 of the Negotiable Instrument Act can be invoked to establish the genuineness of a promissory note, and the burden lies on the defendant to rebut the presumption.
The burden of proof lies with the plaintiffs to establish the authenticity of signatures and documents in a loan dispute.
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