Supreme Court of India

M/s. Kalamani Tex & Anr v. P. Balasubramanian

Neutral citation

Reported as [2021] 1 S.C.R. 668

Bench N.V. Ramana, Surya Kant and Aniruddha Bose JJ.

Decided 10 February 2021

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.

4 Supreme Court benches have cited this judgment.

From the headnote

Negotiable Instruments Act, 1881: ss. 118 and 139 – Presumption as to negotiable instruments – Presumptio n in favour of holder – Held: Once the signature of an accused on the che que/ negotiable instrument are established, then the ‘reverse onus’ clauses become operative – In such a situation, the obligation shifts upon the accused to discharge the presumption imposed up on him – Presumptions raised u/ss. 118, 139 are rebuttable i n nature – probable defence needs to be raised, which must meet the st andard of “preponderance of probability”, and not mere possib ility – On facts, trial court

Authorities it was built on

2012 Murugesan and Ors. v. State through Inspector of Police cited by 11
2008 M/s. Kumar Exports v. M/s. Sharma Carpets cited by 11
2019 Basalingappa v. Mudibasappa cited by 10
2008 Ghurey Lal v. State of U.P. cited by 10
2019 Bir Singh v. Mukesh Kumar cited by 9
2018 Reena Hazarika v. State of Assam cited by 6
2006 M.S. Narayanan Menon @ Mani v. State of Kerala and Anr. cited by 5
2011 R. Vijayan v. Baby and Anr. cited by 3
1973 Ram Jag and Others v. The State of U.P. cited by 3
2014 C.K. Dasegowda & Ors. v. State of Karnataka cited by 1

Where later benches applied it

2025 Mahaveer v. State of Maharashtra and Anr referred to
2024 M/s Rajco Steel Enterprises v. Kavita Saraff and Another referred to
2023 Rajaram S/o Sriramulu Naidu (since Deceased) through L.rs. v. Maruthachalam (since Deceased) through L.rs mentioned
2021 Sachin Kumar & Ors. v. Delhi Subordinate Service Selection Board (dsssb) & Ors. mentioned

Of those, 2 referred to · 2 mentioned

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