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Indian Laws - Highlights / Catch Notes

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Dishonor of Cheque - application of presumption, when execution ...


Court Upholds Promissory Note Validity; Presumption of Consideration Confirmed Despite Execution Dispute in Cheque Dishonor Case.

April 9, 2022

Case Laws     Indian Laws     HC

Dishonor of Cheque - application of presumption, when execution of the so called pro-note is not admitted - Merely because the plaintiff advanced loan to the defendant on various dates and the defendant executed the pronote subsequently in recognition of his liability, it cannot be said that the pronote is not supported by consideration. There is no difficulty in accepting the legal position that a statutory presumption is always rebuttable - However, in the present case, the plaintiff has taken meticulous efforts to prove the transaction. - HC

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