ROOH ULLAH vs MATIULLAH O — 2021 CLC 1998 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 CLC 1998 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: CLC
Parties: ROOH ULLAH vs MATIULLAH O
Subject matter: Civil
Provisions referred to: S. 118---S; Negotiable Instruments Act (XXVI of 1881)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ROOH ULLAH VS MATIULLAH O.XXXVII, R.2---Negotiable Instruments Act (XXVI of 1881), S.118---Suit for recovery of amount---Presumptions as to negotiable instrument---Burden of proof---Scope---Defendant assailed judgment and decree passed by trial court whereby plaintiff's suit under O.XXXVII, R.2, C.P.C., for recovery of amount mentioned in the disputed cheques was decreed---Validity---Plaintiff had successfully proved that the cheques were issued by the defendant---Cheques and dishonour slips were produced by the representative of the concerned Bank---Plaintiff had simply claimed that the cheques were issued by defendant which were dishonoured and that he was entitled for recovery of the amount mentioned in the cheques---Presumption was attached to negotiable instrument and the burden was on the defendant to prove the contrary---Defendant had claimed that he had issued the cheques to another person having similar name as that of plaintiff and that said person being relative of the plaintiff had handed over the cheques to the plaintiff---Defendant had not filed an application to the concerned Bank for cancellation of the cheques---Plaintiff had produced the said person who had denied the suggestion of defendant that cheques were issued in his favour---Mere denial of the defendant was not sufficient---Judgment of Trial Court was not open to any exception---Appeal was dismissed.

Other judgments reported in 2021 CLC

2021 CLC 2042 PESHAWAR-HIGH-COURTAMIR ZADA VS Mian ZAMIN KHAN Non-obstante clause, over-riding factor of---Non-obstante clause was a legislative tool employed to give an ove…
2021 CLC 2042 PESHAWAR-HIGH-COURTAMIR ZADA VS Mian ZAMIN KHAN Procedural laws, retrospective effect of---Procedural laws normally have a retrospective effect, unless provide…
2021 CLC 746 PESHAWAR-HIGH-COURTMst. BIBI ROZA VS WALI-UR-REHMAN S.12(2)---application under S.12(2) C.P.C---Framing of issues---Scope---Though application under S.12(2) of…
2021 CLC 1813 SUPREME-COURT-AZAD-KASHMIRTAHIR AYUB VS NAEEM AYUB S.122---Specific Relief act (I of 1877), Ss.42 & 12---"Gift"---Counter deeds---Registered document, evidentiary val…
2021 CLC 1813 SUPREME-COURT-AZAD-KASHMIRTAHIR AYUB VS NAEEM AYUB 'Hiba', defined---Essentials of---Delivery of possession, over-riding effect of---Hiba was an unconditional transfe…
2021 CLC 1813 SUPREME-COURT-AZAD-KASHMIRTAHIR AYUB VS NAEEM AYUB 'Gift', essentials of---Declaration, delivery of possession and without consideration---Any deed which involved any…

Back to the case-law library · Search Pakistani case law in Urdu or English