In a significant judgment bringing long-awaited clarity to cheque dishonour litigation, the Supreme Court of India has conclusively settled the law on territorial jurisdiction under Section 138 of the Negotiable Instruments Act, 1881, particularly after the 2015 Amendment
Category: Legal News
Punjab and Haryana High Court Quashes FIR Under Sections 363 and 366 IPC – Advocate in Chandigarh Explains the Case of Voluntary Marriage
FIR under Sections 363 and 366 IPC quashed by the Punjab and Haryana High Court, Chandigarh. The case involved allegations of kidnapping and inducement for marriage, but the Court accepted…
Delhi High Court: Security Cheques Issued Under MoU Do Not Constitute Offence Under Section 138 NI Act
In a significant ruling, the Delhi High Court has reiterated that cheques issued as security under a Memorandum of Understanding (MoU) cannot be treated as cheques issued towards a legally…
Supreme Court Quashes Cheque Bounce Case for Suppression of Material Facts
The Supreme Court quashed a cheque bounce complaint under Section 138 NI Act for suppression of material facts. Learn how this ruling safeguards against misuse of criminal law in cheque dishonour cases.
NDPS – Recovery – Investigating Officer told the accused that his search was to be conducted and that he had the legal right to get his search conducted from him or from some police gazetted officer or from some Magistrate – It is the double breach of Section 50.
Section 50 NDPS Act Compliance- Breach, search before gazatted officer mandatory
Default bail – Without completing investigation of case, chargesheet or prosecution complaint cannot be filed by investigating agency.
Default bail-Criminal Procedure Code, 1973, Section 167(2) - Constitution of India, 1950 Article 21 - Prevention of Corruption Act, 1988, Sections 7, 12 and 13(2) - Indian Penal Code, 1860, Sections 120(B) and 420 - Default Bail - Can a chargesheet or a prosecution complaint be filed in piecemeal without first completing the investigation of the case? - Without completing investigation of case, chargesheet or prosecution complaint cannot be filed by investigating agency only to deprive arrested accused of his right to default bail under section 167(2) of the CrPC, 1973 - Held, Supplementary Charge-sheets filed during pendency of investigation just before expiry of 60 days just to scuttle right to Default Bail accrued in favour of Accused - Trial Court mechanically accepting incomplete Charge-sheets and remanding Accused beyond stipulated period - Investigating Agency - Trial Court failed to observe mandate of law and acted in manifestly arbitrary manner and in violation of Fundamental Rights guaranteed to Accused - Interim Order of Bail made absolute.
Power under 406 CrPC to transfer cheque cases from one state to another
The Supreme Court observed that it has power under Section 406 CrPC to transfer cheque cases from one state to another.
Devas Threatens New Arbitration In Indian $1.3B Award Fight
India has been threatened with a treaty claim by the Mauritius-based shareholders of satellite company Devas Multimedia Pvt. Ltd. over New Delhi’s alleged attempts to avoid paying a nearly $1.3…
Supreme Court Declines To Hear Plea To Stop Part Of Central Vista Work
[ad_1] Central Vista Project: The grand makeover plan recently received an environmental go-ahead New Delhi: The Supreme Court refused to hear a petition for stopping construction work on the Central…
Election Commission panel counsel in Supreme Court resigns
[ad_1] Advocate Mohit D Ram resigned saying, ‘my values are not in consonance with the current functioning of the commission’. Mohit D Ram had been the panel counsel representing ECI…
India Supreme Court strikes down state affirmative action law and upholds 50 percent ceiling
[ad_1] A five-judge constitution bench of the Supreme Court of India on Wednesday struck down a Maharashtra state government statute on reservation, a system of affirmative action in India, and upheld…
Bombay High Court Asks Why Local Alternatives Are Not Publicised Enough
[ad_1] The Bombay High Court on Thursday asked why the Union and State Government didn’t publicise alternatives to imported drugs used for treating Covid-19 patients. “The reasons to popularise foreign…
Anticipatory Bail Not Maintainable After Cancellation Of Regular Bail : Held By Supreme Court Of India
Anticipatory Bail Not Maintainable The Question of Law regarding the maintainability of Anticipatory Bail after the cancellation of regular Bail has been decided by the Supreme Court of India.
RBI grant permission to banks to restructure retail loans
Though the Reserve Bank of India (RBI) did not extend the moratorium in its monetary policy review on Thursday, it allowed banks to restructure the loans of borrowers who are…