<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>1999 (2) TMI 716 - MADRAS HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=301551</link>
    <description>The statutory presumption arising from an admitted promissory note is rebuttable and may be displaced by circumstantial evidence and adverse inference from suppression of material documents. On the facts, the borrower had not been paid on the date of execution, the alleged later payment to the supplier was not proved by pay order particulars, and actual supply of the pumpset was not established. The withholding of inspection notes further weakened the claim. Once the presumption was rebutted, the burden shifted back to the bank, which failed to prove consideration and supply. The decree could not therefore be sustained.</description>
    <language>en-us</language>
    <pubDate>Fri, 05 Feb 1999 00:00:00 +0530</pubDate>
    <lastBuildDate>Fri, 08 Apr 2022 13:04:17 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=675503" rel="self" type="application/rss+xml"/>
    <item>
      <title>1999 (2) TMI 716 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=301551</link>
      <description>The statutory presumption arising from an admitted promissory note is rebuttable and may be displaced by circumstantial evidence and adverse inference from suppression of material documents. On the facts, the borrower had not been paid on the date of execution, the alleged later payment to the supplier was not proved by pay order particulars, and actual supply of the pumpset was not established. The withholding of inspection notes further weakened the claim. Once the presumption was rebutted, the burden shifted back to the bank, which failed to prove consideration and supply. The decree could not therefore be sustained.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Fri, 05 Feb 1999 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=301551</guid>
    </item>
  </channel>
</rss>