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ALLAH DITTA vs ZULFIQAR S — 2023 CLC 905 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 CLC 905 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Reporter
CLC
Parties
ALLAH DITTA vs ZULFIQAR S
Provisions referred to
S. 118---P; 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

ALLAH DITTA VS ZULFIQAR S.118---Presumptions as to negotiable instruments---Scope---Section 118 of the Negotiable Instruments Act, 1881, clearly raises the presumption that negotiable instruments, when made or drawn, are for consideration---Section 118, starts with "until contrary is proved", which indicates that once a negotiable instrument is successfully brought on record and its execution is proved, presumption as to valid consideration arises in favour of the instrument and it remains attached to the instrument until contrary is proved by the one who is disputing the consideration---In view of the above presumption and in the absence of rebuttal of the presumption, it is quite unnecessary to bring on record or to prove an independent document to establish consideration---There is no necessity in law that this instrument must be backed up by separate receipt.

Other judgments reported in 2023 CLC

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