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october 1992

Supreme Court of India · 1992-10-22

INDIA BANK vs K. NATARAJA PILLAI

Citation / case number
SC 1981/63146
Court
Supreme Court of India
Petitioner
INDIA BANK
Respondent
K. NATARAJA PILLAI
Author
] [KULDIP SINGH AND N.M. KASLIWAL
Bench
JJ.] [KULDIP SINGH AND N.M. KASLIWAL

Judgment text excerpt

The Supreme Court addressed the execution of a promissory note and equitable mortgage under Section 118 of the Negotiable Instruments Act, 1881, emphasizing the statutory presumption of consideration. The Court upheld the High Court's finding that the promissory note was executed with knowledge but was void for lack of consideration regarding loans to third parties. The Court affirmed the High Court's decree for Rs. 21,616.25 in favor of the Bank, establishing that a promissory note must be supported by valid consideration to be enforceable.

INDIA BANK vs K. NATARAJA PILLAI · Niyam