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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MARY JOSEPH, J
VELUCHANDRAN – Appellant
Versus
VILASINI AMMA – Respondent
| Table of Content |
|---|
| 1. transaction and initial loan denial established. (Para 2 , 3 , 4) |
| 2. arguments presented regarding cheque legitimacy. (Para 5 , 6 , 10) |
| 3. arguments presented by the plaintiff regarding cheque validity. (Para 7) |
| 4. court's considerations on evidence and burden of proof. (Para 8 , 12) |
| 5. presumption and burden of proof principles asserted. (Para 11 , 22) |
| 6. insufficient evidence leads to case dismissal. (Para 20 , 26 , 27) |
| 7. discussion on legal presumptions relevant to cheque issuance. (Para 21) |
| 8. final ruling dismissing the appeal. (Para 29) |
JUDGMENT
O.S No.138/1998 seeking realisation of money by the plaintiff from defendant was dismissed by the Additional Sub Court, Kollam by judgment dated 24.06.2004. Aggrieved thereby the plaintiff is now before this Court in the appeal on hand challenging the judgment and decree. The 1st defendant died during the pendency of the suit and his legal heirs were brought on record as additional defendants 2 to 6. For the sake of convenience, the parties to the appeal are referred to hereinafter as the plaintiff and defendants.
2. The conspectus of the facts of the case are as follows:
A sum of Rs.2,00,000/- was borrowed by the original de
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