Supreme Court clarifies “Drawer” under Section 138 NI Act in cheque dishonor case: Bijoy Kumar Moni vs Paresh Manna (2024) LEGAL ISSUE: Whether an authorized signatory of a company can be considered the “drawer” of a cheque under Section 138 of the Negotiable Instruments Act, 1881, when the cheque is drawn on the company’s account. […]
Supreme Court Clarifies Sanction Validity and Timelines under UAPA LEGAL ISSUE: Validity of Sanction Order under the Unlawful Activities (Prevention) Act, 1967 (UAPA) and adherence to statutory timelines. CASE TYPE: Criminal Law, Unlawful Activities (Prevention) Act. Case Name: Fuleshwar Gope vs. Union of India & Ors. Judgment Date: 23 September 2024 Introduction Date of the
Supreme Court quashes conviction of partner under Section 138 NI Act for firm’s cheque bounce: Dilip Hariramani vs. Bank of Baroda (2022) Date of the Judgment: May 9, 2022 Citation: 2022 INSC 418 Judges: Ajay Rastogi, J. and Sanjiv Khanna, J. Can a partner of a firm be held criminally liable for a cheque bounce
Supreme Court quashes proceedings against Director for Minimum Wages Act violation Date of the Judgment: 29 October 2021 Citation: Criminal Appeal No. of 2021 (Arising out of Special Leave Petition (Crl.) No. 3913 of 2020) Judges: R. Subhash Reddy, J., Sanjiv Khanna, J. (authored the judgment) Can a company director be held liable for violations
Supreme Court Quashes Conviction of Nominee Officer Due to Non-Conviction of Company in Food Adulteration Case LEGAL ISSUE: Whether a nominated officer of a company can be convicted under the Prevention of Food Adulteration Act, 1954 if the company itself is not convicted. CASE TYPE: Criminal Appeal (Food Adulteration). Case Name: Hindustan Unilever Limited vs.
Supreme Court quashes penalty against part-time director under FERA: Shailendra Swarup vs. Enforcement Directorate (2020) LEGAL ISSUE: Whether a part-time, non-executive director can be penalized for a company’s FERA violations without proof of their involvement in the company’s daily operations. CASE TYPE: Criminal Appeal (Foreign Exchange Regulation Act) Case Name: Shailendra Swarup vs. The Deputy
Supreme Court Clarifies Prosecution of Municipal Commissioners under the Water Act: Karnataka State Pollution Control Board vs. B. Heera Naik & Ors. (2019) LEGAL ISSUE: Whether Commissioners and Chief Officers of Municipal Councils can be prosecuted under Section 48 of the Water (Prevention and Control of Pollution) Act, 1974. CASE TYPE: Environmental Law, Criminal Law
Supreme Court Clarifies Liability of Partners in Cheque Dishonour Cases: G Ramesh vs. Kanike Harish Kumar Ujwal (2019) Date of the Judgment: April 5, 2019 Citation: 2019 INSC 295 Judges: Dr. Dhananjaya Y Chandrachud, J and Hemant Gupta, J Can a partner of a firm be held liable for a cheque bounce when the firm
Can individuals in charge of a company be prosecuted separately if the company violates the Essential Commodities Act, 1955, even if the company itself isn’t prosecuted? The Supreme Court of India addressed this question in an appeal concerning alleged violations of the Act related to misdeclaration of fiber compositions in textiles. Justices Arijit Pasayat and
