J&K&L High Court: Maternity Leave is a Constitutional Right and Cannot be Treated as State Charity  ||  P&H High Court: Second Anticipatory Bail Plea is Not Maintainable After Supreme Court Rejection  ||  Bombay High Court: No Prior Sanction is Required to Prosecute Police For Custodial Assault  ||  Allahabad High Court: Strict Proof of Marriage is Unnecessary if Couple Lived as Husband and Wife  ||  Delhi High Court: UP Passport Disputes Cannot be Filed in Delhi Only Because MEA is Based There  ||  Bombay High Court: Revenue Officers Cannot Decide Caste Status to Remove Tribal Land Protections  ||  Calcutta High Court: Punjab National Bank Liable to Compensate Farmers For Crop Insurance Lapse  ||  Calcutta High Court: Joint Settlement of Liquor Licence is Allowed if All Eligible Heirs Consent  ||  Delhi High Court Holds Multiple Sclerosis is a Specified Disability under the RPWD Act  ||  Allahabad High Court: An Alibi Must be Proved at Trial and Cannot be Accepted by the IO Alone    

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