Supreme Court Upholds Complaint Under Section 138 of Negotiable Instruments Act: Birendra Prasad Sah vs. State of Bihar (2019) LEGAL ISSUE: Whether a complaint under Section 138 of the Negotiable Instruments Act, 1881 can be maintained when a second legal notice was issued after the first notice was allegedly not served, and if the delay […]
Supreme Court Allows Challenge to Criminal Proceedings in Illegal Arrest Warrant Case: Manohar M. Galani vs. State of Gujarat (2019) LEGAL ISSUE: Whether a person who exposed an illegal racket of obtaining arrest warrants can be denied the right to challenge the criminal proceedings initiated against them as a result of the racket. CASE TYPE:
Supreme Court Reverses Conviction in Cheque Dishonor Case: Basalingappa vs. Mudibasappa (2019) LEGAL ISSUE: Whether the accused successfully rebutted the presumption under Section 139 of the Negotiable Instruments Act, 1881, regarding a cheque issued for a legally enforceable debt or liability. CASE TYPE: Criminal Appeal (Cheque Dishonor) Case Name: Basalingappa vs. Mudibasappa [Judgment Date]: April
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
Supreme Court Upholds Conviction in Cheque Dishonor Case: Bir Singh vs. Mukesh Kumar (2019) LEGAL ISSUE: Whether the presumption under Section 139 of the Negotiable Instruments Act, 1881, that a cheque was issued in discharge of a debt or liability, can be rebutted solely based on a fiduciary relationship between the payee and the drawer
Supreme Court Reverses Conviction in Cheque Bounce Case: Anss Rajashekar vs. Augustus Jeba Ananth (2019) LEGAL ISSUE: Whether the presumption under Section 139 of the Negotiable Instruments Act, 1881, that a cheque was issued for a legally enforceable debt, was rebutted by the accused. CASE TYPE: Criminal Appeal (Cheque Bounce) Case Name: Anss Rajashekar vs.
Supreme Court quashes cheque bounce case against director for lack of company as accused: Himanshu vs. B. Shivamurthy (2019) LEGAL ISSUE: Whether a director of a company can be prosecuted under Section 138 of the Negotiable Instruments Act, 1881, if the company is not named as an accused. CASE TYPE: Criminal (Cheque Dishonour) Case Name:
Supreme Court Upholds Conviction in Cheque Dishonor Case: T.P. Murugan vs. Bojan (2018) LEGAL ISSUE: Whether a cheque issued is presumed to be for a legally enforceable debt or liability, and the conditions for rebutting such presumption. CASE TYPE: Criminal – Negotiable Instruments Act Case Name: T.P. Murugan (Dead) Thr. Lrs. vs. Bojan & Posa
Supreme Court Upholds Conviction in Cheque Dishonor Case: T.P. Murugan vs. Bojan (2018) Read Post »
Supreme Court Upholds Conviction Under Section 138 of NI Act: Kishan Rao vs. Shankargouda (2018) Date of the Judgment: 2 July 2018 Citation: 2018 INSC 603 Judges: A.K. Sikri, J., Ashok Bhushan, J. Can a High Court overturn a conviction under Section 138 of the Negotiable Instruments Act, 1881, simply by re-evaluating the evidence? The
Supreme Court Grants Bail: Dataram Singh vs. State of Uttar Pradesh (2018) LEGAL ISSUE: Whether bail should be granted when the accused was not arrested during investigation and there is no apprehension of absconding. CASE TYPE: Criminal Case Name: Dataram Singh vs. State of Uttar Pradesh & Anr. Judgment Date: 6 February 2018 Introduction Date
LEGAL ISSUE: Whether an advocate can claim fees based on a percentage of the decretal amount and whether a cheque issued for such fees constitutes a legally enforceable debt.CASE TYPE: Professional Ethics, Negotiable Instruments Act Case Name: B. Sunitha vs. The State of Telangana & Anr. [Judgment Date]: 5th December, 2017 Can a lawyer demand
Can a criminal case for cheating be quashed when the parties have settled a dispute arising from a cheque bounce? The Supreme Court of India recently addressed this question in a case where the parties had reached an amicable settlement. This case involved a dispute initially related to a cheque dishonor, which then led to
