Supreme Court · 2008 INSC 705 · Decided 16 May 2008

Mallavarapu Kasivisweswara Rao v. Thadikonda Ramulu Firm and ORS.

Court
Supreme Court of India
Citation
2008 INSC 705 · [2008] 8 S.C.R. 1210
Case number
CIVIL APPEAL No. 5597/2001
Decided
16 May 2008
Bench
TARUN CHATTERJEE, H.S. BEDI (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
NI Act Section 118(a), 118

Headnote

1210 M4~ ' A MALLAVARAPU KASIVISWESWARA RAO _._ v. • THADIKONDA RAMULU FIRM AND ORS. I (Civil Appeal No.5597 of 2001) B MAY 16, 2008 (TARUN CHATTERJEE AND HARJIT SINGH BEDI, JJ.) .. Negotiable Instruments Act, 1881 - s. 118(a) - Presump- tion as to consideration - Benefit of - Entitlement to one pronote - Upheld by High Court - On appeal, Held: Execution of pronote was proved and respondent failed to dis- D charge the initial burden of proving non-existence of consid- .. eration either by direct evidence or by preponderance of prob- abilities - Thus, appellant entitled to the

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