Supreme Court · 1999 INSC 69 · Decided 18 February 1999
Bharat Barrel and Drum Manufacturing CO. v. Amin Chand Peyarelal
- Court
- Supreme Court of India
- Citation
- 1999 INSC 69 · [1999] 1 S.C.R. 704
- Case number
- CIVIL APPEAL No. 4576/1997
- Decided
- 18 February 1999
- Bench
- V.N. KHARE, R.P. SETHI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Evidence Act Section 114; NI Act Section 118(a)
Headnote
BARREL AND DRUM MANUFACTURING CO. .. v. AMIN CHAND PEYARELAL '.I FEBRUARY 18, 1999 B (V.N. KHARE AND R.P. SETHI, JJ.) Negotiable Instruments Act 1881-Section 118( a)-Promissory note--Rebuttable presumption as to consideration-Burden of proof-Plaintiff's claim that pro 0 missory note executed for to prove consideration entitles defendant to succeed-Held, where defendant fails to discharge initial onus of proof by showing non-existence of consideration, plaintiff would invariably be entitled D to presumption arising under Section 118( a)-Onus would shift to the plaintiff when something
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