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Indian Laws - Highlights / Catch Notes

Home Highlights June 2022 Year 2022 This

Dishonor of Cheque - Legally enforceable debt or not - ...

Indian Laws

June 27, 2022

Dishonor of Cheque - Legally enforceable debt or not - preponderance of probablities - failure to discharge the fundamental burden of proving his capacity to advance loan - Taking into consideration his background admittedly a small time farmer holding 6 acres of land and not even a bank savings account claiming he advanced loan of Rs.9 lakhs as against the postdated cheque and no other document obtained for the money transaction, is obviously bound to be suspected - this Court holds that the appellate Court erred in reversing the trial Court judgment.- HC

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