Negotiable Instruments Act, 1881

Supreme Court clarifies the ‘legally enforceable debt’ under Section 138 of the Negotiable Instruments Act in cheque dishonor cases: Dashrathbhai Trikambhai Patel vs. Hitesh Mahendrabhai Patel & Anr. (2022) INSC 497 (11 October 2022)

/ Dhananjaya Y Chandrachud, Dishonor of Cheque, Hima Kohli, Judges, Legally Enforceable Debt, Negotiable Instruments Act, 1881, Negotiable Instruments Act, 1881 with Section 138

Supreme Court clarifies the ‘legally enforceable debt’ under Section 138 of the Negotiable Instruments Act in cheque dishonor cases Date of the Judgment: 11 October 2022 Citation: (2022) INSC 497 Judges: Dr Dhananjaya Y Chandrachud, J and Hima Kohli, J Can a cheque issued as security for a loan still be valid if part of […]

Supreme Court clarifies the ‘legally enforceable debt’ under Section 138 of the Negotiable Instruments Act in cheque dishonor cases: Dashrathbhai Trikambhai Patel vs. Hitesh Mahendrabhai Patel & Anr. (2022) INSC 497 (11 October 2022) Read Post »

Supreme Court settles liability of drawer in cheque bounce cases: Oriental Bank of Commerce vs. Prabodh Kumar Tewari (2022)

/ A S Bopanna, Cheque Dishonour, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 313, Dhananjaya Y Chandrachud, Judges, Negotiable Instruments Act, 1881, Negotiable Instruments Act, 1881 with Section 138, Negotiable Instruments Act, 1881 with Section 139

Supreme Court Settles Liability in Cheque Bounce Cases: Oriental Bank of Commerce vs. Prabodh Kumar Tewari (2022) Date of the Judgment: August 16, 2022 Citation: 2022 INSC 710 Judges: Dr. Justice Dhananjaya Y Chandrachud, J and A S Bopanna, J. Can a person avoid liability for a bounced cheque by claiming they didn’t fill in

Supreme Court settles liability of drawer in cheque bounce cases: Oriental Bank of Commerce vs. Prabodh Kumar Tewari (2022) Read Post »

Supreme Court quashes conviction of partner under Section 138 NI Act for firm’s cheque bounce: Dilip Hariramani vs. Bank of Baroda (2022)

/ Ajay Rastogi, Criminal Law, Judges, Negotiable Instruments Act, 1881, Negotiable Instruments Act, 1881 with Section 138, Negotiable Instruments Act, 1881 with Section 141, Offences by Companies, Sanjiv Khanna, Vicarious Liability

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 conviction of partner under Section 138 NI Act for firm’s cheque bounce: Dilip Hariramani vs. Bank of Baroda (2022) Read Post »

Supreme Court Upholds Summons in Cheque Dishonour Case: Rathish Babu Unnikrishnan vs. State (2022)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 251, Code of Criminal Procedure, 1973 with Section 482, Companies Act, 2013, Companies Act, 2013 with Section 56, Hrishikesh Roy, Judges, K.M. Joseph, 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

Supreme Court Upholds Summons in Cheque Dishonour Case: Rathish Babu Unnikrishnan vs. State (2022) LEGAL ISSUE: Whether a summoning order and notice for an offence under Section 138 of the Negotiable Instruments Act, 1881 can be quashed based on factual defenses at a pre-trial stage. CASE TYPE: Criminal (Cheque Dishonour) Case Name: Rathish Babu Unnikrishnan

Supreme Court Upholds Summons in Cheque Dishonour Case: Rathish Babu Unnikrishnan vs. State (2022) Read Post »

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 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 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 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 »

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