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John Kennady @ Murugan vs V.Bhagavathi on 10 June, 2008

33.However, this Court in the decision John Kennady @ Murugan v. V.Bhagavathi, rep. by her Power of Attorney P.Cholaraja (2008)7 MLJ at p.646 held that in a suit filed by the Power of Attorney holder himself after obtaining leave from the Court without any objection, there is no legal bar to held the Power of Attorney to give evidence on behalf of the principal. How far that evidence is valid is to be considered at the time of disposing of the suit.
Madras High Court Cites 4 - Cited by 7 - S Rajeswaran - Full Document

A.S. Duraisami Chettiar Sons And Ors. vs S. Rathnaswami Gounder on 11 January, 1991

52.It is for the Defendant in a given case prima facie to allege and prove when he disputes the Plaintiff title to recover money based on the reason for want of consideration. Ordinarily, the fact that a payee has not produced his account books makes little different. In a case of rebutable presumption, a Court of law is always forced to rely more upon circumstantial evidence than upon direct or definite evidence negative in the facts presumed. If the Plaintiff is a professional money-lender who deliberately suppressed his account books, the Court of law was entitled to draw an adverse inference that his case that he advanced money to the Defendant was not true as per decision in A.S. Duraisamy Chettiar Sons v. Rathnaswami Gounder (S) AIR 1992 Madras at p.132.
Madras High Court Cites 16 - Cited by 8 - Full Document
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