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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.ARUL MURUGAN, J
Adheenamilagi – Appellant
Versus
Ramadurai (Died) Kasthurirengan – Respondent
| Table of Content |
|---|
| 1. initial context and claims surrounding the case. (Para 1 , 2 , 6 , 12 , 13) |
| 2. loan agreements and execution of promissory notes. (Para 3 , 4) |
| 3. defendant's defense regarding promissory notes. (Para 5) |
| 4. judicial findings based on evidence. (Para 7 , 11 , 17) |
| 5. rebuttal of presumption under negotiable instruments act. (Para 9 , 10 , 14 , 15 , 16) |
| 6. final dismissal of appeals with no costs. (Para 18) |
JUDGMENT :
1. The defendant is before this Court on appeals. The Second Appeals are filed as against the common judgment and decree, dated 26.09.2013, in A.S.Nos.10 and 12 of 2010 on the file of the Principal Subordinate Court, Kumbakonam, confirming the judgment and decree, dated 12.11.2009, in O.S.Nos.366 and 367 of 2009 on the file of the I Additional District Munsif Court, Kumbakonam.
2. For the sake of convenience, the parties are referred to, as per their ranking before the trial Court. Since both the appeals arise out of the common judgment and decree, both these appeals are heard together and disposed of by way of this common judgment.
3. It is the case of the plaintiff that the defendant had borrowed a sum of Rs.50,000/- on 30.05.1997 and had executed a promissory
Promissory notes are valid when their execution is admitted, and the presumption of consideration can be rebutted by the defendant, but failure to present sufficient evidence maintains the plaintiff'....
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 admission of execution of a promissory note shifts the burden of proof to the defendant to prove that no consideration was passed.
Execution of promissory notes proved by signatures, witnesses, unanswered notices; Section 118 presumption of consideration unrebutted.
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.
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 statutory presumption under Section 118 of the Negotiable Instruments Act supports the validity of promissory notes unless sufficiently rebutted, placing the burden on the defendant to prove cont....
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 importance of proving due execution of a promissory note and the presumption under Section 118 of the Negotiable Instruments Act. The judgment ....
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