Patna HC: Disciplinary Authority Cannot Impose Major and Minor Penalties in a Single Order  ||  Calcutta HC: Landlord Decides His Residential Needs; Courts Cannot Set Living Standards in Eviction  ||  Orissa HC: Second Marriage During Subsistence of First Remains Invalid Even After First Wife's Death  ||  Karnataka HC: Appeals Against Acquittal in Bailable Offences Lie Only Before High Court  ||  Supreme Court: Stamp Duty on an Agreement to Sell is Leviable Only if Possession is Transferred  ||  SC: Motive Becomes Irrelevant When Direct Evidence Such as a Dying Declaration is Available  ||  Supreme Court Issues Directions to CoC in Builder Insolvency Cases To Protect Homebuyers’ Interests  ||  MP High Court: Women Retain Reservation Benefits After Marriage if Caste is Recognized in Both States  ||  Allahabad HC: Police Must Prosecute Informants of False Firs, and IOs May Face Contempt if They Fail  ||  MP HP: Over-Age Candidate Cannot Claim Age Relaxation Due to Delay in Earlier Recruitment    

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 2026 - All Rights Reserved