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february 1996

Supreme Court of India · 1996-02-06

K.P.O. MOIDEEENKUTTY HAJEE vs PAPPU MANJOORAN

Citation / case number
SC 1991/78423
Court
Supreme Court of India
Petitioner
K.P.O. MOIDEEENKUTTY HAJEE
Respondent
PAPPU MANJOORAN
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court upheld the concurrent findings of the High Court and Civil Court regarding the validity of a promissory note executed for Rs.1.5 lakhs, despite the appellant's claim of cash consideration. The Court emphasized that under Section 118 of the Negotiable Instruments Act, 1881, there is a presumption of consideration for negotiable instruments, shifting the burden of proof to the maker of the note to prove failure of consideration. The Court concluded that the suit for recovery based on the promissory note is valid in law, affirming the lower courts' decisions.

K.P.O. MOIDEEENKUTTY HAJEE vs PAPPU MANJOORAN · Niyam