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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.GOVINDARAJAN THILAKAVADI
K. Sundararaj – Appellant
Versus
K. Periyasamy – Respondent
| Table of Content |
|---|
| 1. introduction of appeal and background. (Para 1 , 2) |
| 2. details of the plaintiff's claim and defendant's defense. (Para 3 , 4) |
| 3. summary of trial court proceedings. (Para 5 , 6) |
| 4. arguments presented by both parties. (Para 7 , 8) |
| 5. overview of relevant legal standards and case descriptions. (Para 9 , 10 , 11) |
| 6. application of the negotiable instruments act. (Para 12 , 13 , 14) |
| 7. court's findings on evidential sufficiency. (Para 15 , 16) |
| 8. final ruling and conclusion of the appeal. (Para 17 , 18) |
JUDGMENT :
K.GOVINDARAJAN THILAKAVADI, J.
The present Second Appeal is preferred against the decree and judgment dated 09.02.2022 passed in A.S. No.90 of 2018, on the file of the III Additional District and Sessions Court, Tiruppur at Dharapuram, confirming the Judgment and decree dated 06.12.2006 passed in O.S. No.117 of 2002, on the file of the Subordinate Court, Dharapuram.
2. The respondent as plaintiff filed the above suit for recovery of money. The unsuccessful defendant has preferred the present Second Appeal.
3. According to the respondent / plaintiff, the appellant / defendant borrowed a sum of Rs,2,00,000/- from the plaintiff for his urgent family needs and for busine
The execution of a promissory note creates a presumption of consideration, which the defendant must rebut with credible evidence to avoid liability.
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 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 court found the plaintiff failed to establish the execution of the promissory note, concluding the presumption of consideration under Section 118 of the Negotiable Instruments Act could not be in....
The presumption of consideration under Section 118 of the Act is a statutory presumption and unless it is rebutted, it has to be presumed that consideration has passed.
The presumption of consideration under Section 118 of the Negotiable Instruments Act is robust against mere denial by the borrower of signing promissory notes.
Plaintiff proved promissory note execution and consideration; defendant failed to rebut Section 118 NI Act presumption; income tax omission irrelevant.
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