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MUHAMMAD ALI vs Mian MAQBOOL AHMED S — 2022 CLC 2115 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 CLC 2115 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
CLC
Parties
MUHAMMAD ALI vs Mian MAQBOOL AHMED S
Provisions referred to
S. 118-----T; S. 118; Negotiable Instruments Act

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

MUHAMMAD ALI VS Mian MAQBOOL AHMED S.118-----Term "until the contrary is proved" in Negotiable Instruments Act, 1881---Meaning---Term "until the contrary is proved" in the beginning of S.118 of the Act indicates that it should be the responsibility of the person who claims that the instrument was executed without consideration to prove the reasons why it is so executed---Once this is done, the onus shifts to the holder of the instrument---Said presumption unless rebutted is statutory and mandatory and the person who wishes to dispel it must furnish proof to the contrary---In a case where a person, who challenges the consideration of a negotiable instrument does not adduce satisfactory evidence or absence of consideration or where no evidence is produced, the statutory presumption under S.118 of the Act comes into play to the effect that the negotiable instrument was made or drawn for valid consideration.

Other judgments reported in 2022 CLC

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