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    <title>1953 (3) TMI 36 - Supreme Court</title>
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    <description>Where businessmen with mutual dealings signed a balance in the plaintiffs&#039; ledger after adjustment of accounts, the Court accepted the stated balance as genuine because the defendants withheld their own books, gave evasive evidence, and failed to prove fraud, coercion, misrepresentation, or non-explanation of accounts. The contemporaneous endorsement supported a real settlement of accounts, and adverse inference could be drawn from the non-production of the best evidence. An unconditional acknowledgment of the struck balance was treated as an implied promise to pay and, in the context of stated accounts, furnished a maintainable basis for recovery. The plaintiffs&#039; claim was therefore upheld.</description>
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    <pubDate>Thu, 12 Mar 1953 00:00:00 +0530</pubDate>
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      <title>1953 (3) TMI 36 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=184171</link>
      <description>Where businessmen with mutual dealings signed a balance in the plaintiffs&#039; ledger after adjustment of accounts, the Court accepted the stated balance as genuine because the defendants withheld their own books, gave evasive evidence, and failed to prove fraud, coercion, misrepresentation, or non-explanation of accounts. The contemporaneous endorsement supported a real settlement of accounts, and adverse inference could be drawn from the non-production of the best evidence. An unconditional acknowledgment of the struck balance was treated as an implied promise to pay and, in the context of stated accounts, furnished a maintainable basis for recovery. The plaintiffs&#039; claim was therefore upheld.</description>
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      <pubDate>Thu, 12 Mar 1953 00:00:00 +0530</pubDate>
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