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KULDEEP SINGH versus AMAR NATH

High Court of Punjab and Haryana, Chandigarh

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Kuldeep Singh v. Amar Nath - CR-6522-2005 [2006] RD-P&H 370 (25 January 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

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C.R. No.6522 of 2005

Date of Decision: 3.2.2006

Kuldeep Singh Vs. Amar Nath

CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH
Present:- Shri Mahesh Gupta, Advocate for the petitioner.

Shri H.R.Nohria, Advocate for the respondent.

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Vide order under challenge, onus to prove that at the time of execution of pronote and receipt, in dispute, consideration was not paid by the petitioner- defendant, was shifted upon him.

This Court feels that in view of the stand taken in the written statement wherein execution has virtually been admitted and it has further been stated that the amount was repaid, it is for the petitioner to prove this fact. Section 118 of the Negotiable Instruments Act, 1881 draws a presumption that in case execution is admitted, it will be presumed that consideration has been paid.

In view of the above, no case is made out for interference.

Dismissed.

February 3, 2006 ( JASBIR SINGH )

renu JUDGE


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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