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Indian Laws - Highlights / Catch Notes

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Dishonor of Promissory Notes - Suit for recovery of money, based ...


Court Case on Recovering Money from Dishonored Promissory Notes; Rebuttal Can Arise from Plaintiff's Case Weaknesses.

April 23, 2022

Case Laws     Indian Laws     HC

Dishonor of Promissory Notes - Suit for recovery of money, based on two promissory notes - rebuttal of presumption - No doubt, by proving the execution of the promissory notes, the appellants/defendants have got the initial presumption in their favour. However, the said presumption is rebuttable one. It is needless to state once again that the rebuttal proof need not always be positive evidence from the appellants/defendants. Even the weakness and improbabilities exposed from the case of the plaintiff can also be considered as rebuttal proof. - HC

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