Supreme Court of India

Rajaram S/o Sriramulu Naidu (since Deceased) through L.rs. v. Maruthachalam (since Deceased) through L.rs

Neutral citation
Bench B.R. Gavai and M. M. Sundresh JJ.
Decided 18 January 2023

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

2 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the considered opinion that the defence raised by the appellant satisfies the standard of “preponderance of probability”. 821.

Judgment, page 12

From the headnote

Money Lending – The appellant’s wife subscribed to chit funds (1992 and 1995) with the respondent for which two signed blank cheques were submitted as security – After maturity of the chit funds, appellant and his wife sought release of the subscription amount – However, respondent presented those cheques for encashment without any intimation to appellant – Said cheques were dishonoured as the appellant had closed the account – Respondent filed two complaint cases u/s 138 of NI Act – Both cases were dismissed by the trial Court – Thereafter, respondent filed suits for recovery of money on the…

Where later benches applied it

Of those, 1 referred to · 1 mentioned

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