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TRIBHUVAN DAHIYA
Saroj Devi – Appellant
Versus
Vinod Verma – Respondent
JUDGMENT
Tribhuvandahiya, J. - This is plaintiff's appeal against the judgment of reversal in a suit for recovery.
2. The facts of the case in brief are, the appellant/plaintiff (hereinafter referred to as the 'plaintiff') filed a suit for recovery of 9 lakh from the respondent/defendant (hereinafter referred to as the 'defendant') claiming that the latter had taken a loan of the said amount from her in three installments on 20.02.2009, 21.02.2009 and 15.04.2009 amounting to 3 lakh on each date, with a mutually settled interest at the rate of 2 per cent per month. The defendant agreed to return the amount with interest whenever called upon to do so. He scribed three writings on his letterhead, acknowledged the receipt of payments on the dates mentioned above and signed the same. The transaction was witnessed by Vikram Lamba and other family members of the plaintiff, who happened to be present in the house at that time. The defendant had earlier also taken a loan from the plaintiff and her family members while he was constructing a house. In view of the cordial relations and good conduct of the defendant, the loan in question was extended to him.
3. The suit was contested by the defend
The necessity of proving consideration and the executant's awareness of the document's contents for establishing a valid contract, and the admissibility of documents as promissory notes under the Neg....
Personal testimony is essential in monetary claims; absence undermines credibility.
The plaintiff must discharge the legal burden of proving consideration for a promissory note, failing which the suit may be dismissed.
The court affirmed that a money lender must have a valid license, but the absence of a license does not invalidate a loan agreement if the lender is not engaged in money lending as a business.
The presumption of consideration under Section 118(a) of the Negotiable Instruments Act applies unless rebutted, and the burden of proving fraud lies with the defendant, who failed to provide evidenc....
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 presumption under Section 118 of the Negotiable Instruments Act arises when execution of a promissory note is established, placing the burden on the defendant to disprove the transaction.
The court emphasized that ocular evidence, such as the testimony of witnesses, can outweigh the opinion of a handwriting expert. The court held that the plaintiff's evidence, including the validity o....
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