Negotiable Instruments Act, 1881

Supreme Court clarifies the effect of moratorium on Section 138 Negotiable Instruments Act cases: Narinder Garg & Others vs. Kotak Mahindra Bank Ltd. & Others (28 March 2022)

/ Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 14, Judges, Moratorium, Negotiable Instruments Act, 1881, Negotiable Instruments Act, 1881 with Section 138, Negotiable Instruments Act, 1881 with Section 141, Pamidighantam Sri Narasimha, S. Ravindra Bhat, Uday Umesh Lalit

Supreme Court Clarifies Moratorium’s Impact on Section 138 NI Act Cases: Narinder Garg vs. Kotak Mahindra Bank (2022) Date of the Judgment: 28 March 2022 Citation: [Not Available in Source] Judges: Uday Umesh Lalit, S. Ravindra Bhat, Pamidighantam Sri Narasimha, JJ. Can a corporate debtor facing insolvency proceedings be prosecuted under Section 138 of the […]

Supreme Court clarifies the effect of moratorium on Section 138 Negotiable Instruments Act cases: Narinder Garg & Others vs. Kotak Mahindra Bank Ltd. & Others (28 March 2022) Read Post »

Supreme Court Holds Post Office Liable for Fraudulent Encashment of Kisan Vikas Patras: Pradeep Kumar vs. Post Master General (2022)

/ B.R. Gavai, Government Savings Certificates Act, 1959, Government Savings Certificates Act, 1959 with Section 12, Government Savings Certificates Act, 1959 with Section 8, Judges, L. Nageswara Rao, Negotiable Instruments Act, 1881, Negotiable Instruments Act, 1881 with Section 10, Negotiable Instruments Act, 1881 with Section 31, Negotiable Instruments Act, 1881 with Section 78, Sanjiv Khanna

Supreme Court Holds Post Office Liable for Fraudulent Encashment of Kisan Vikas Patras: Pradeep Kumar vs. Post Master General (2022) Date of the Judgment: 7th February 2022 Citation: Civil Appeal Nos. 8775-8776 of 2016 Judges: L. Nageswara Rao, Sanjiv Khanna, B.R. Gavai Can a post office be held liable for the fraudulent encashment of Kisan

Supreme Court Holds Post Office Liable for Fraudulent Encashment of Kisan Vikas Patras: Pradeep Kumar vs. Post Master General (2022) Read Post »

Supreme Court Upholds Conviction in Cheque Dishonor Case: K.S. Ranganatha vs. Vittal Shetty (2021)

/ A.S. Bopanna, Code of Criminal Procedure, Code of Criminal Procedure with Section 200, Dishonour of Cheques, Hima Kohli, Judges, N.V. Ramana, Negotiable Instruments Act, 1881, Negotiable Instruments Act, 1881 with Section 138, Negotiable Instruments Act, 1881 with Section 139

Supreme Court Upholds Conviction in Cheque Dishonor Case: K.S. Ranganatha vs. Vittal Shetty (2021) Introduction Date of the Judgment: 08 December 2021 Citation: 2021 INSC 733 Judges: N.V. Ramana, CJI, A.S. Bopanna, J., Hima Kohli, J. Can a person be convicted for cheque dishonor even if they claim the cheque was obtained under duress? The

Supreme Court Upholds Conviction in Cheque Dishonor Case: K.S. Ranganatha vs. Vittal Shetty (2021) Read Post »

Supreme Court Clarifies Security Cheque Liability Under Section 138 NI Act: Sunil Todi vs. State of Gujarat (2021)

/ A. S. Bopanna, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 202, Dhananjaya Y Chandrachud, Judges, Negotiable Instruments Act, 1881, Negotiable Instruments Act, 1881 with Section 138, Negotiable Instruments Act, 1881 with Section 141, Procedure for Summons

Supreme Court Clarifies Security Cheque Liability Under Section 138 NI Act: Sunil Todi vs. State of Gujarat (2021) LEGAL ISSUE: Whether a cheque issued as security is covered under Section 138 of the Negotiable Instruments Act, 1881. CASE TYPE: Criminal Law, Negotiable Instruments Act Case Name: Sunil Todi & Ors. vs. State of Gujarat &

Supreme Court Clarifies Security Cheque Liability Under Section 138 NI Act: Sunil Todi vs. State of Gujarat (2021) Read Post »

Supreme Court Clarifies Complaint Filing in Cheque Dishonor Cases: Bhupesh Rathod vs. Dayashankar Prasad Chaurasia (2021)

/ Criminal Law, Criminal Procedure, Judges, M.M. Sundresh, Negotiable Instruments Act, 1881, Negotiable Instruments Act, 1881 with Section 138, Negotiable Instruments Act, 1881 with Section 142, Offences, Sanjay Kishan Kaul

Supreme Court Clarifies Complaint Filing in Cheque Dishonor Cases: Bhupesh Rathod vs. Dayashankar Prasad Chaurasia (2021) LEGAL ISSUE: Whether a complaint filed under Section 138 of the Negotiable Instruments Act, 1881, by the Managing Director of a company, is valid if the company is not explicitly named as the complainant in the cause title. CASE

Supreme Court Clarifies Complaint Filing in Cheque Dishonor Cases: Bhupesh Rathod vs. Dayashankar Prasad Chaurasia (2021) Read Post »

Supreme Court Clarifies the Scope of Section 138 NI Act in Cases of Settlement: Gimpex Private Limited vs. Manoj Goel (2021) INSC 580 (08 October 2021)

/ B.V. Nagarathna, Dhananjaya Y. Chandrachud, Dishonour of Cheques, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 39, Judges, Negotiable Instruments Act, 1881, Negotiable Instruments Act, 1881 with Section 138, Negotiable Instruments Act, 1881 with Section 139, Vikram Nath

Supreme Court Clarifies the Scope of Section 138 NI Act in Cases of Settlement: Gimpex Private Limited vs. Manoj Goel (2021) INSC 580 (08 October 2021) LEGAL ISSUE: Whether parallel prosecutions can be initiated under Section 138 of the Negotiable Instruments Act, 1881, for the same underlying liability when a settlement agreement has been made

Supreme Court Clarifies the Scope of Section 138 NI Act in Cases of Settlement: Gimpex Private Limited vs. Manoj Goel (2021) INSC 580 (08 October 2021) Read Post »

Supreme Court clarifies liability of Directors in cheque bounce cases: Ashutosh Ashok Parasrampuriya & Anr. vs. M/S. Gharrkul Industries Pvt. Ltd. & Ors. (2021) INSC 659 (08 October 2021)

/ Abhay S. Oka, Ajay Rastogi, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 482, Cognizance of Offences, Judges, Negotiable Instruments Act, 1881, Negotiable Instruments Act, 1881 with Section 138, Negotiable Instruments Act, 1881 with Section 141

Supreme Court Clarifies Director Liability in Cheque Dishonor Cases Date of the Judgment: 08 October 2021 Citation: (2021) INSC 659 Judges: Justices Ajay Rastogi and Abhay S. Oka Can a company director be held liable in a cheque bounce case if they weren’t directly involved in the day-to-day business? The Supreme Court addressed this crucial

Supreme Court clarifies liability of Directors in cheque bounce cases: Ashutosh Ashok Parasrampuriya & Anr. vs. M/S. Gharrkul Industries Pvt. Ltd. & Ors. (2021) INSC 659 (08 October 2021) Read Post »

Supreme Court Upholds Conviction in Cheque Dishonor Case: Triyambak S. Hegde vs. Sripad (23 September 2021)

/ A.S. Bopanna, Criminal Procedure Code, 1973, Criminal Procedure Code, 1973 with Section 200, Criminal Procedure Code, 1973 with Section 313, Judges, N.V. Ramana, Negotiable Instruments Act, 1881, Negotiable Instruments Act, 1881 with Section 118, Negotiable Instruments Act, 1881 with Section 138, Negotiable Instruments Act, 1881 with Section 139, Surya Kant

Supreme Court Upholds Conviction in Cheque Dishonor Case: Triyambak S. Hegde vs. Sripad (2021) LEGAL ISSUE: Whether the presumption under Section 139 of the Negotiable Instruments Act, 1881, that a cheque was issued for the discharge of a debt or liability, was successfully rebutted by the respondent. CASE TYPE: Criminal Appeal (Cheque Dishonor) Case Name:

Supreme Court Upholds Conviction in Cheque Dishonor Case: Triyambak S. Hegde vs. Sripad (23 September 2021) Read Post »

Supreme Court Extends Limitation Period Due to COVID-19: In Re Cognizance for Extension of Limitation (23 September 2021)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 23(4), Arbitration and Conciliation Act, 1996 with Section 29A, Commercial Courts Act, 2015, Commercial Courts Act, 2015 with Section 12A, Constitutional Law, Constitutional Law with Article 141, Constitutional Law with Article 142, Judges, L. Nageswara Rao, N.V. Ramana, Negotiable Instruments Act, 1881, Negotiable Instruments Act, 1881 with Section 138, Surya Kant

Supreme Court Extends Limitation Period Due to COVID-19: In Re Cognizance for Extension of Limitation (2021) LEGAL ISSUE: Extension of limitation period for legal proceedings due to the COVID-19 pandemic. CASE TYPE: Public Interest Litigation. Case Name: In Re: Cognizance for Extension of Limitation. Judgment Date: 23 September 2021 Date of the Judgment: 23 September

Supreme Court Extends Limitation Period Due to COVID-19: In Re Cognizance for Extension of Limitation (23 September 2021) Read Post »

Supreme Court clarifies procedures for Section 138 NI Act cases to expedite trials (16 April 2021)

/ A. S. Bopanna, B. R. Gavai, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 202, Code of Criminal Procedure, 1973 with Section 219, Code of Criminal Procedure, 1973 with Section 258, Judges, L. Nageswara Rao, Negotiable Instruments Act, 1881, Negotiable Instruments Act, 1881 with Section 138, Negotiable Instruments Act, 1881 with Section 143, Negotiable Instruments Act, 1881 with Section 145, S. A. Bobde, S. Ravindra Bhat

Supreme Court Clarifies Procedures for Section 138 NI Act Cases to Expedite Trials LEGAL ISSUE: Streamlining procedures for trials under Section 138 of the Negotiable Instruments Act, 1881 to ensure expeditious disposal of cases. CASE TYPE: Criminal Case Name: In Re: EXPEDITIOUS TRIAL OF CASES UNDER SECTION 138 OF N.I. ACT 1881. Judgment Date: 16

Supreme Court clarifies procedures for Section 138 NI Act cases to expedite trials (16 April 2021) Read Post »

Supreme Court clarifies liability under Section 138 of the Negotiable Instruments Act for individuals in cheque bounce cases (8 March 2021)

/ Cheque Dishonour, Criminal Law, Dhananjaya Y. Chandrachud, Judges, M. R. Shah, Negotiable Instruments Act, 1881, Negotiable Instruments Act, 1881 with Section 138, Negotiable Instruments Act, 1881 with Section 141

Supreme Court Clarifies Liability Under Section 138 of Negotiable Instruments Act for Individuals Date of the Judgment: 8 March 2021 Citation: 2021 INSC 145 Judges: Dr. Dhananjaya Y. Chandrachud, J. and M. R. Shah, J. Can a person be held liable under Section 138 of the Negotiable Instruments Act, 1881 if a cheque issued by

Supreme Court clarifies liability under Section 138 of the Negotiable Instruments Act for individuals in cheque bounce cases (8 March 2021) Read Post »

Supreme Court extends limitation period due to COVID-19: In Re Cognizance for Extension of Limitation (2021)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 23(4), Arbitration and Conciliation Act, 1996 with Section 29A, Commercial Courts Act, 2015, Commercial Courts Act, 2015 with Section 12A, Judges, L. Nageswara Rao, Negotiable Instruments Act, 1881, Negotiable Instruments Act, 1881 with Section 138, S. A. Bobde, S. Ravindra Bhat

Supreme Court extends limitation period due to COVID-19: In Re Cognizance for Extension of Limitation (2021) LEGAL ISSUE: Extension of limitation period due to COVID-19 pandemic. CASE TYPE: Suo Motu Writ Petition (Civil). Case Name: In Re: Cognizance for Extension of Limitation. Judgment Date: March 8, 2021 Date of the Judgment: March 8, 2021 Citation:

Supreme Court extends limitation period due to COVID-19: In Re Cognizance for Extension of Limitation (2021) Read Post »

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