The trial court erroneously invoked the presumption u/s 118 of ...

Flawed legal presumption on promissory note overturned due to contradictory evidence & lack of consideration proof.

Case Laws     Indian Laws

October 11, 2024

The trial court erroneously invoked the presumption u/s 118 of the Negotiable Instruments Act, 1881, without considering the contradictions in the evidence of the plaintiff's witnesses and the surrounding circumstances. The presumption of consideration upon execution of a promissory note is rebuttable. The defendant's version, supported by circumstantial evidence and probabilities, rebutted the presumption. The plaintiff failed to establish the passing of consideration through oral evidence alone. The High Court allowed the appeal, setting aside the trial court's decree for payment, as the findings disregarded the impact of evidence on record.

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