Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. SAKTHIVEL
Chinnappa Gounder (Died) – Appellant
Versus
G. Kandhasamy (Died) – Respondent
| Table of Content |
|---|
| 1. case revolves around a disputed loan and promissory note. (Para 2 , 3 , 4) |
| 2. trial court confirms validity based on initial burden met. (Para 7 , 8) |
| 3. court observes evidence supporting plaintiff's claim under section 118. (Para 12 , 13 , 14) |
| 4. final decision to dismiss the appeal confirmed lower court rulings. (Para 19 , 20) |
JUDGMENT :
(R. SAKTHIVEL, J.)
This Second Appeal is directed against the Judgment and Decree dated December 16, 2013 passed in A.S.No.77 of 2013 by the 'Principal District Court, Erode' ['First Appellate Court' for brevity], whereby the Judgment and Decree dated June 29, 2012 passed in O.S.No.126 of 2010 by the 'Sub Court, Gobichettipalayam' ['Trial Court' for brevity] was confirmed.
2. For the sake of convenience, hereinafter, the parties will be referred to as per their array in the Original Suit.
PLAINTIFF'S CASE
3. Case of the plaintiff is that the defendant borrowed a sum of Rs.2,50,000/- from the plaintiff for his cultivation expenses, on January 28, 2008 and executed a Promissory Note in favour of the plaintiff agreeing to repay the same with interest at the rate of Re.1/- per Rs.100/- per month. Despite repeated demands made by the plainti
The court confirmed that once a plaintiff establishes the execution of a promissory note, the burden shifts to the defendant to disprove its validity; failure to do so upholds the note's legal presum....
The presumption of validity for negotiable instruments is established unless effectively rebutted by the defendant, who bears the burden of proof regarding allegations of forgery.
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 execution of a promissory note creates a presumption of consideration, which the defendant must rebut with credible evidence to avoid liability.
The presumption of consideration applies to promissory notes once execution is admitted, placing the burden on the defendant to prove otherwise.
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....
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
