Supreme Court Clarifies Moratorium Under IBC Does Not Bar Section 138 NI Act Proceedings Against Corporate Debtors (2021) LEGAL ISSUE: Whether the moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016 (IBC) applies to proceedings under Section 138 of the Negotiable Instruments Act, 1881. CASE TYPE: Insolvency and Criminal Law Case Name: P. […]
Supreme Court Upholds Conviction in Cheque Dishonor Case: Kalamani Tex vs. P. Balasubramanian (2021) LEGAL ISSUE: Whether the High Court was correct in reversing the trial court’s order of acquittal in a cheque dishonor case, considering the statutory presumptions under the Negotiable Instruments Act, 1881. CASE TYPE: Criminal Appeal (Cheque Dishonor) Case Name: M/s. Kalamani
Supreme Court Directs Joint Trial in Cheque Dishonour and Forgery Case: Pareshbhai Amrutlal Patel vs. State of Gujarat (2020) LEGAL ISSUE: Whether a criminal case of forgery should be tried together with a case of cheque dishonour, when both arise from the same cheque. CASE TYPE: Criminal Law Case Name: Shri Pareshbhai Amrutlal Patel &
Supreme Court Settles Presumption of Debt in Cheque Dishonor Cases: APS Forex Services vs. Shakti International (2020) Date of the Judgment: 14 February 2020 Citation: (2020) INSC 123 Judges: Ashok Bhushan, J., M. R. Shah, J. Can a person be convicted for cheque bounce if they claim the cheque was for security? The Supreme Court
Supreme Court Upholds Cheque Dishonor Case, Quashes Forgery FIR: Rajeshbhai Muljibhai Patel vs. State of Gujarat (2020) Date of the Judgment: February 10, 2020 Citation: 2020 INSC 123 Judges: R. Banumathi, J., A.S. Bopanna, J. Can a criminal case for forgery be allowed to proceed when the genuineness of the documents is already under scrutiny
Supreme Court Upholds Deposit Condition for Suspension of Sentence in NI Act Cases Date of the Judgment: January 8, 2020 Citation: (2020) INSC 14 Judges: Ashok Bhushan, J., M.R. Shah, J. Can a court mandate a deposit of a portion of the compensation amount as a condition for suspending a sentence in a cheque dishonor
Supreme Court Upholds Presumption of Debt in Cheque Dishonor Case: Uttam Ram vs. Devinder Singh Hudan (2019) LEGAL ISSUE: Whether a cheque dishonor case under Section 138 of the Negotiable Instruments Act, 1881, can be dismissed based on discrepancies in the amount claimed, despite the statutory presumption of debt. CASE TYPE: Criminal (Negotiable Instruments Act)
Supreme Court Rules Section 143A of Negotiable Instruments Act is Prospective | G.J. Raja vs. Tejraj Surana Date of the Judgment: 30 July 2019 Citation: Criminal Appeal No. 1160 of 2019 @ SLP(Crl.)No.3342 of 2019 Judges: Uday Umesh Lalit, J. and Vineet Saran, J. Can an amendment to a law apply to cases that occurred
Supreme Court grants unconditional leave to defend in summary suit: Sudin Dilip Talaulikar vs. Polycab Wires Pvt. Ltd. (2019) Date of the Judgment: July 15, 2019 Citation: Civil Appeal No(s). 5528 of 2019 (arising out of SLP (Civil) No(s). 9368 of 2018) Judges: Ashok Bhushan, J. and Navin Sinha, J. Can a court impose conditions
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 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 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
