BASHIR AHMAD vs SHAHID NADEEM S — 2022 MLD 1955 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 MLD 1955 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: MLD
Parties: BASHIR AHMAD vs SHAHID NADEEM S
Provisions referred to: S. 118---Q; 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

BASHIR AHMAD VS SHAHID NADEEM S.118---Qanun-e-Shahadat (10 of 1984), Arts.117 & 118---Cheque---Presumption, nature of---Burden of proof---Scope---Until the contrary was proved, it had, inter alia, to be presumed that every negotiable instrument was made/drawn for consideration; that every negotiable instrument bearing a date was made/drawn on such date; and that the holder of a negotiable instrument was a holder in due course---Such was a rebuttable presumption yet the onus was on the person denying consideration to allege/prove the same---Defendant could discharge burden of proof placed upon him under S.118 of the Negotiable Instruments Act, 1881 by producing reliable evidence showing that consideration had not been passed or by relying upon facts/circumstances of the case and also by referring to flaws in the evidence of plaintiff and then contending that presumption had been rebutted.

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