Negotiable Instruments Act, 1881 with Section 138

Supreme Court Quashes Cheque Bounce Case Against Director: Susela Padmavathy Amma vs. Bharti Airtel (2024)

Supreme Court Quashes Cheque Bounce Case Against Director: Susela Padmavathy Amma vs. Bharti Airtel (2024) Date of the Judgment: March 15, 2024 Citation: 2024 INSC 206 Judges: B.R. Gavai, J. and Sandeep Mehta, J. Can a company director be held liable in a cheque bounce case simply by virtue of their position? The Supreme Court […]

Supreme Court Quashes Cheque Bounce Case Against Director: Susela Padmavathy Amma vs. Bharti Airtel (2024) Read Post »

Supreme Court Quashes Abetment to Suicide Charges: Mohit Singhal vs. State of Uttarakhand (2023)

Supreme Court Quashes Abetment to Suicide Charges: Mohit Singhal vs. State of Uttarakhand (2023) LEGAL ISSUE: Whether demanding repayment of a loan and using abusive language constitutes abetment to suicide under Section 306 of the Indian Penal Code (IPC). CASE TYPE: Criminal Law. Case Name: Mohit Singhal & Anr. vs. The State of Uttarakhand &

Supreme Court Quashes Abetment to Suicide Charges: Mohit Singhal vs. State of Uttarakhand (2023) Read Post »

Supreme Court clarifies vicarious liability under Section 141 of NI Act in cheque bounce case: Siby Thomas vs. Somany Ceramics Ltd. (2023)

Supreme Court clarifies vicarious liability under Section 141 of NI Act in cheque bounce case: Siby Thomas vs. Somany Ceramics Ltd. (2023) LEGAL ISSUE: Vicarious liability of partners in a partnership firm under Section 141 of the Negotiable Instruments Act, 1881, in cases of cheque dishonor. CASE TYPE: Criminal (Cheque Dishonor) Case Name: Siby Thomas

Supreme Court clarifies vicarious liability under Section 141 of NI Act in cheque bounce case: Siby Thomas vs. Somany Ceramics Ltd. (2023) Read Post »

Supreme Court Grants Anticipatory Bail in Bank Fraud Case: Mahdoom Bava vs. CBI (20 March 2023)

Supreme Court Grants Anticipatory Bail in Bank Fraud Case: Mahdoom Bava vs. CBI (2023) LEGAL ISSUE: Grant of Anticipatory Bail, especially when custodial interrogation was not required during investigation. CASE TYPE: Criminal Case Name: Mahdoom Bava vs. Central Bureau of Investigation Judgment Date: 20 March 2023 Date of the Judgment: 20 March 2023 Citation: (2023)

Supreme Court Grants Anticipatory Bail in Bank Fraud Case: Mahdoom Bava vs. CBI (20 March 2023) Read Post »

Supreme Court settles liability of Directors under Section 138 NI Act post IBC Resolution: Ajay Kumar Goenka vs. Tourism Finance Corporation of India Ltd. (2023)

Supreme Court Clarifies Liability Under Section 138 NI Act Post IBC Resolution Date of the Judgment: March 15, 2023 Citation: (2023) INSC 218 Judges: Sanjay Kishan Kaul, J. and Abhay S. Oka, J. (Majority Opinion by Sanjay Kishan Kaul, J., Concurring Opinion by J.B. Pardiwala, J.) Can a director of a company be held liable

Supreme Court settles liability of Directors under Section 138 NI Act post IBC Resolution: Ajay Kumar Goenka vs. Tourism Finance Corporation of India Ltd. (2023) Read Post »

Liability of Directors under Section 138 NI Act: Supreme Court Judgment on IBC Resolution Plans (March 15, 2023)

Supreme Court Clarifies Liability of Directors in Cheque Dishonor Cases Post IBC Resolution Date of the Judgment: March 15, 2023 Citation: 2023 INSC 232 Judges: Sanjay Kishan Kaul, J. and Abhay S. Oka, J. (authored by Sanjay Kishan Kaul, J.) and J.B. Pardiwala, J. (Concurring Opinion) Can a director of a company be held liable

Liability of Directors under Section 138 NI Act: Supreme Court Judgment on IBC Resolution Plans (March 15, 2023) Read Post »

Supreme Court Reinstates Complaints Dismissed for Non-Appearance in Cheque Bounce Cases: M/s. BLS Infrastructure Limited vs. M/s. Rajwant Singh & Others (2023) INSC 177 (01 March 2023)

Supreme Court Reinstates Complaints Dismissed for Non-Appearance in Cheque Bounce Cases Date of the Judgment: 01 March 2023 Citation: (2023) INSC 177 Judges: Justice Sudhanshu Dhulia and Justice Manoj Misra Can a criminal complaint be dismissed for the complainant’s absence even after their evidence has been recorded? The Supreme Court of India recently addressed this

Supreme Court Reinstates Complaints Dismissed for Non-Appearance in Cheque Bounce Cases: M/s. BLS Infrastructure Limited vs. M/s. Rajwant Singh & Others (2023) INSC 177 (01 March 2023) Read Post »

Supreme Court Transfers Cheque Dishonour Cases: Yogesh Upadhyay vs. Atlanta Limited (21 February 2023)

Supreme Court Transfers Cheque Dishonour Cases: Yogesh Upadhyay vs. Atlanta Limited (2023) LEGAL ISSUE: Whether the Supreme Court can transfer cheque dishonor cases under Section 406 of the Code of Criminal Procedure, 1973 despite the specific jurisdiction outlined in Section 142(2) of the Negotiable Instruments Act, 1881. CASE TYPE: Criminal, Negotiable Instruments Act Case Name:

Supreme Court Transfers Cheque Dishonour Cases: Yogesh Upadhyay vs. Atlanta Limited (21 February 2023) Read Post »

Supreme Court Transfers Cheque Dishonour Cases for Consolidated Trial: Yogesh Upadhyay vs. Atlanta Limited (21 February 2023)

Supreme Court Transfers Cheque Dishonour Cases for Consolidated Trial LEGAL ISSUE: Whether cases related to cheque dishonour under Section 138 of the Negotiable Instruments Act, 1881 can be transferred to a different court for a consolidated trial, despite the jurisdictional provisions of Section 142 of the same Act. CASE TYPE: Criminal, Negotiable Instruments Act Case

Supreme Court Transfers Cheque Dishonour Cases for Consolidated Trial: Yogesh Upadhyay vs. Atlanta Limited (21 February 2023) Read Post »

Supreme Court overturns conviction under Section 138 of Negotiable Instruments Act: Rajaram vs. Maruthachalam (2023) INSC 26

Supreme Court overturns conviction under Section 138 of Negotiable Instruments Act: Rajaram vs. Maruthachalam (2023) INSC 26 Date of the Judgment: 18 January 2023 Citation: 2023 INSC 26 Judges: B.R. Gavai, J. and M.M. Sundresh, J. Can a conviction under Section 138 of the Negotiable Instruments Act be sustained if the accused demonstrates a probable

Supreme Court overturns conviction under Section 138 of Negotiable Instruments Act: Rajaram vs. Maruthachalam (2023) INSC 26 Read Post »

Supreme Court Quashes Summons in Criminal Breach of Trust Case: Deepak Gaba & Ors. vs. State of Uttar Pradesh (2023)

Supreme Court Quashes Summons in Criminal Breach of Trust Case: Deepak Gaba & Ors. vs. State of Uttar Pradesh (2023) LEGAL ISSUE: Whether a mere wrong demand or claim constitutes criminal breach of trust under Section 406 of the Indian Penal Code, 1860. CASE TYPE: Criminal. Case Name: Deepak Gaba and Others vs. State of

Supreme Court Quashes Summons in Criminal Breach of Trust Case: Deepak Gaba & Ors. vs. State of Uttar Pradesh (2023) Read Post »

Supreme Court clarifies liability of company directors in cheque dishonor cases: Pawan Kumar Goel vs. State of U.P. (2022) INSC 1005 (17 November 2022)

Supreme Court Clarifies Liability of Company Directors in Cheque Dishonor Cases Date of the Judgment: 17 November 2022 Citation: (2022) INSC 1005 Judges: Krishna Murari, J. and Bela M. Trivedi, J. Can a company director be held liable for a cheque bounce if the company isn’t named in the complaint? The Supreme Court of India

Supreme Court clarifies liability of company directors in cheque dishonor cases: Pawan Kumar Goel vs. State of U.P. (2022) INSC 1005 (17 November 2022) Read Post »

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