Law: Negotiable Instruments Act, 1881

Section: 4

Law: Qanun-e-Shahadat (10 of 1984)

Section: 17,79

(a) Negotiable Instruments Act (XXVI of 1881)--- ----S.4---Qanun-e-Shahadat (10 of 1984), Arts. 17 79---Promissory note---Proof of execution of document required by law to be attested---Competence and number of witnesses---Scope---Article 79 provides that a document cannot be used as evidence until two witnesses at least are called to prove execution, however, this requirement applies only if that particular document is required by law to be attested---Article 17(2) specifies that such requirement of attestation does not apply when contrary is provided in any special law---Section 4 of the Negotiable Instruments Act, 1881, provides that promissory note, which is an unconditional undertaking, is only required to be signed by maker---Negotiable Instruments Act, 1881, which is a special law, does not require attestation by witnesses or provides for any bearing of attestation or non-attestation on the instrument---Combined reading of the above provisions of law makes it clear that neither any attestation is required on the promissory note nor there is any requirement of calling the witnesses to prove its execution. Khawar Pervaiz Butt v. Muhammad Tahir Qasim Awan PLD 2017 Lah. 45; Aziz Ahmad v. Akbar Shamsher PLD 2016 Laho. 502 and Ali Muhammad Shah v. Ijaz Hussain 2007 CLD 1084 ref. Sheikh Muhammad Shakeel v. Sheikh Hafiz Muhammad Aslam 2014 SCMR 1562 rel. (b) Negotiable Instruments Act (XXVI of 1881)--- ----S.118---Presumptions as to negotiable instruments---Scope---Section 118 of the Negotiable Instruments Act, 1881, clearly raises the presumption that negotiable instruments, when made or drawn, are for consideration---Section 118, starts with until contrary is proved, which indicates that once a negotiable instrument is successfully brought on record and its execution is proved, presumption as to valid consideration arises in favour of the instrument and it remains attached to the instrument until contrary is proved by the one who is disputing the consideration---In view of the above presumption and in the absence of rebuttal of the presumption, it is quite unnecessary to bring on record or to prove an independent document to establish consideration---There is…

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