SC: Section 22 of Hindu Succession Act Preference For Class-I Heirs Applies to Agricultural Land  ||  Supreme Court: Refund Clause in Sale Agreement Does Not Extinguish Right to Specific Performance  ||  SC Clarifies When a Probate Application Filed After a Testator's Death is Time-Barred  ||  Madras HC: Coordinate Bench Cannot Reopen Issue Already Settled by Another Division Bench  ||  Delhi HC Urges Law to Regulate Media, Notes Anyone with a Mobile Phone Can Claim to be a Journalist  ||  CCI Rejects Allegations of Collusion Involving Reliance Jio and More Than 4,500 Entities  ||  Allahabad HC: Working Mother with Child Custody Cannot Shift Entire Maintenance Liability to Father  ||  Bombay HC: Possessory Suit U/S 6 of the SRA is Maintainable Despite a Licensor-Licensee Relationship  ||  Del HC: Master's Candidates Without the Prescribed Bachelor's Degree are Ineligible as Govt Teacher  ||  Cal HC: BSF Cannot Deny DIG Rank to an Officer Injured in 1995 Road Accident After Earlier Promotion    

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