| Case ID |
208487a6-145f-49d2-925b-6e6e5b6ff6b2 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 61- |
| Decision Date |
Apr 17, 1973 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for special leave to appeal from the judgment of the Peshawar High Court, which had restored the trial court's dismissal of the suit for recovery of a sum based on a promissory note. The court held that the petitioner failed to prove that the promissory note was executed for consideration, which is a requirement under Section 118 of the Negotiable Instruments Act. The court emphasized that the burden of proof rested on the petitioner, who could not invoke presumptions in the absence of credible evidence. The decision reinforced the principle that the presumption of consideration cannot substitute for actual proof of payment, especially when evidentiary deficiencies exist. |
| Summary |
In the case of Salar Abdur Rauf vs. Mst. Barkat Bibi, the Supreme Court of Pakistan dealt with an appeal regarding a promissory note under the Negotiable Instruments Act, specifically Section 118. The petitioner claimed recovery of Rs. 10,208 based on a promissory note allegedly executed by Rasool Bhai Fingut. The trial court dismissed the suit due to lack of proof of consideration, a ruling later reversed by the Additional District Judge, who relied on Section 118's presumption of consideration. However, the High Court reversed this again, highlighting that the petitioner failed to provide credit-worthy evidence to support his claim. The Supreme Court upheld the High Court's decision, reinforcing the necessity of actual proof over presumption in such financial matters. This case illustrates the critical importance of presenting solid evidence in contract disputes and the legal standards governing promissory notes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMOODUR RAHMAN, C.J.,
MUHAMMAD GUL, J
|
| Lawyers |
Sh. Muhammad Sliafi, Senior Advocate Supreme Court,
M. Qasim Imam, Advocate-on-Record
|
| Petitioners |
Salar Abdur Rauf
|
| Respondents |
Mst. Barkat Bibi
|
| Citations |
1973 SLD 123 = 1973 SCMR 332
|
| Other Citations |
Uttam Chand-Ishar Das v. Hakim Muhammad Sharif A I R 1932 Lab. 417,
Muhammad Shafi Khan v. Muhammad Moazzam Ali Khan A I R 1923 All. 214,
Lal Gurwar Lai v. Dau Dayal A I R 1935 All. 509
|
| Laws Involved |
Negotiable Instruments Act
|
| Sections |
118
|