NCLAT: Can File App. u/s 7 of IBC when Entire Liability Not Discharged after Selling Pledged Shares  ||  NCLAT: Recovery Proceedings before DRT doesn’t Prohibit Financial Creditors from Filing App. u/s 7  ||  Ker. HC: Women Face Discrimination at Multiple Level Due to their Inter- Sectionality  ||  Del. HC: Amounts Received by ERC under Filing Fee, Tariff Fee Not Exigible to Tax  ||  Ker. HC: Equity, Justice, Convenience Govern the Question Whether Joint Trial is Required or Not  ||  Ker. HC: Equity, Justice, Convenience Govern the Question Whether Joint Trial is Required or Not  ||  Delhi HC: Benchmark of Rs. 50 Lakh Income to be Met at Initiation of Reassessment Proceedings  ||  MP HC: No Prohibition on Issuance of Passport without Father’s Consent  ||  Del. HC: Samsung India Electronics is Not Samsung Korea’s Permanent Establishment in India  ||  Guj. HC: Machines Used for Welding in Residential Society is Nuisance    

Mr. Tharmapitchai and Anr.v. A.C.A. Funds - (High Court of Madras) (25 Jan 1995)

Not requiring wilful defaulters to snitch on themselves

MANU/TN/0595/1995

Civil

Wilful default - alleging the debtor to have failed paying his or her debts despite the presence of funds - a last resort it may be for the lender, requires proving adequate means of payment of the debtor to the court. Madras High Court, hearing the same, opined ‘onus is undoubtedly upon the decree-holder [lender] to prove that the judgment-debtor had enough means’, failure to prove which would mean arrest of the debtor could not be ordered by the court. Moreover, burden of proof for proving adequacy of the means of the debtor to pay the debt would rest with the lender, not with the debtor. As such, the court held unsustainable a previous decision in the matter in which the debtors had been ordered to prove their means position.

Tags : WILLFUL DEFAULT   BURDEN OF PROOF   MEANS  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved