Cheque signature presumptions withstand uncorroborated lost-cheque claims, while proprietary concern liabilities remain personal to the proprietor.
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....Admission of the drawer's cheque signature triggers presumptions of consideration and discharge of debt, rebuttable on a preponderance of probabilities; an uncorroborated lost-cheque claim supported only by a General Diary entry and stop-payment instructions does not suffice. Lack of loan documentation or tax disclosure does not by itself invalidate a modest hand loan absent a timely, probable challenge to the lender's financial capacity. A proprietary concern lacks separate juridical identity, leaving its proprietor personally liable as cheque drawer. Revision does not permit fresh evidence appraisal absent perversity, complete misreading, or manifest legal error causing miscarriage of justice. Semantic inconsistency concerning financial d.........
TaxTMI