[NI Act] MP High Court Refuses Permission To Rectify Incorrect Mention Of Cheque Dates In Complaint, Says It's A Substantial Defect
11 months, 2 weeks ago

[NI Act] MP High Court Refuses Permission To Rectify Incorrect Mention Of Cheque Dates In Complaint, Says It's A Substantial Defect

Live Law  

Madhya Pradesh High Court has iterated that the defect of mentioning incorrect dates of cheque in the complaint cannot be cured since there is no provision in the CrPC to amend the criminal complaint. Justice Verma, therefore, opined that the trial court had committed an error by allowing the application for making amendments to the original complaint filed under Section 138 of NI Act. Similarly, the accused had also challenged the trial court's order that rejected his Section 142 application before the High Court. The incorrect dates of the cheques, as admitted by the respondent/complainant, are found simultaneously in the notice issued to the accused, the original complaint and the affidavit filed along with it, the court pointed out.

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History of this topic

No S.138 NI Act Case Against Ex-Director Of Company When Cause Of Action Arose After IBC Moratorium Was Declared: Supreme Court
4 days, 16 hours ago

No S.138 NI Act Case Against Ex-Director Of Company When Cause Of Action Arose After IBC Moratorium Was Declared: Supreme Court

Live Law  

The Supreme Court held that if the cause of action for the offence of cheque dishonour under Section 138 of the Negotiable Instruments Act, 1881 has arisen after the declaration of moratorium with respect to the company as per the Insolvency & Bankruptcy Code, 2016, then the proceedings under S.138 NI Act cannot be continued against the ex-director of the …

Madras High Court issues directions for speedy disposal of cheque bounce cases
1 month, 1 week ago

Madras High Court issues directions for speedy disposal of cheque bounce cases

The Hindu  

The Madras High Court has issued a slew of directions to the trial courts for the speedy disposal of cheque bounce cases after finding that cases under Section 138 of the Negotiable Instruments Act of 1881 had been pending for years before the Judicial Magistrates due to various reasons. The judge recalled the Supreme Court to have found 33.44 lakh …

Section 138 NI Act | Mumbai Court Convicts Pharma Company In Cheque Dishonour Case, Imposes Fine Of ₹1.83 Crore
1 month, 3 weeks ago

Section 138 NI Act | Mumbai Court Convicts Pharma Company In Cheque Dishonour Case, Imposes Fine Of ₹1.83 Crore

Live Law  

A Magistrate Court in Mumbai has recently convicted Elder Pharmaceuticals Ltd. for the offence of dishonour of a cheque under Section 138 of the Negotiable Instruments Act, imposing a cost of Rs. 1 had issued cheque to the complainant for discharge of legal liability and it was presented by complainant to bank and even after statutory demand notice accused failed …

Section 138 NI Act | Mumbai Court Convicts Pharma Company In Cheque Dishonour Case, Imposes Fine Of ₹1.83 Crore
1 month, 3 weeks ago

Section 138 NI Act | Mumbai Court Convicts Pharma Company In Cheque Dishonour Case, Imposes Fine Of ₹1.83 Crore

Live Law  

A Magistrate Court in Mumbai has recently convicted Elder Pharmaceuticals Ltd. for the offence of dishonour of a cheque under Section 138 of the Negotiable Instruments Act, imposing a cost of Rs. 1 had issued cheque to the complainant for discharge of legal liability and it was presented by complainant to bank and even after statutory demand notice accused failed …

Section 143A NI Act | Interim Compensation To Complainant In Cheque Bounce Case Introduced In 2018 Amendment Is Prospective: Rajasthan HC
2 months ago

Section 143A NI Act | Interim Compensation To Complainant In Cheque Bounce Case Introduced In 2018 Amendment Is Prospective: Rajasthan HC

Live Law  

The Jaipur bench of the Rajasthan High Court has reiterated that Section 143A, Negotiable Instruments Act, inserted after an amendment in 2018 introducing payment of interim compensation to complainant in a cheque bouncing case, has prospective application and cannot be applied to complaints filed before the amendment in a retrospective manner. Justice Anoop Kumar Dhand relied upon the Supreme Court …

S.142 NI Act | Improper To Dismiss/Quash Cheque Dishonour Complaint Of Company At Threshold On Question Of Authorisation : Supreme Court
2 months, 2 weeks ago

S.142 NI Act | Improper To Dismiss/Quash Cheque Dishonour Complaint Of Company At Threshold On Question Of Authorisation : Supreme Court

Live Law  

The Supreme Court today, reiterated that in the dishonour of cheque cases, where complainant is a company, it is necessary to show during the trial that the complaint, if not filed by the payee, is filed by someone having knowledge of complainant's contents. "When the company is the payee of the cheque based on which a complaint is filed under …

S. 138 NI Act | Complainant Can't Be Left Remediless Merely Because He Filed 'Premature' Complaint For Cheque Dishonour: Rajasthan HC
2 months, 3 weeks ago

S. 138 NI Act | Complainant Can't Be Left Remediless Merely Because He Filed 'Premature' Complaint For Cheque Dishonour: Rajasthan HC

Live Law  

“ From the aforesaid law laid down by the Apex Court in the case of Yogendra Pratap Singh and Gajanand Burange, it is apparent that in a case where the complaint was filed before the expiry of a period of fifteen days stipulated in the notice which is required to be served upon the drawer of the cheque, the Court …

Order 23 Rule 2 CPC| Limitation For Suit Instituted Afresh Applies As If Earlier Suit Was Never Filed: Jharkhand High Court
3 months ago

Order 23 Rule 2 CPC| Limitation For Suit Instituted Afresh Applies As If Earlier Suit Was Never Filed: Jharkhand High Court

Live Law  

The Jharkhand High Court has under Order 23 Rule 2 of the Civil Procedure Code, the limitation period for a fresh suit instituted with court permission applies as if the original suit had never been filed. Order 23 CPC pertains to withdrawal and adjustment of suits wherein Rule 2 states that in any fresh suit instituted on permission granted under …

Complainant's Burden Shifting Under Section 139 of the Negotiable Instruments Act: High Court Observation
4 months, 3 weeks ago

Complainant's Burden Shifting Under Section 139 of the Negotiable Instruments Act: High Court Observation

Live Law  

The Jammu and Kashmir and Ladakh High Court has observed that once the complainant proves that a cheque was issued by the accused to discharge a debt, Section 139 mandates that the burden of proof shifts to the accused. The court dismissed an appeal filed by one Choudhary Piara Singh against an acquittal order issued by the Trial Court in …

Cheques Dishonored With Endorsements 'Insufficient Fund', 'Account Closed', 'Signature Mismatch' Attract S. 138 NI Act: Allahabad HC
9 months, 3 weeks ago

Cheques Dishonored With Endorsements 'Insufficient Fund', 'Account Closed', 'Signature Mismatch' Attract S. 138 NI Act: Allahabad HC

Live Law  

The Allahabad High Court has observed that if the cheque is dishonoured and returned with the endorsements - case referred to drawer, instruction for stoppage of payment, exceeds arrangement, insufficient fund, signature differed or mismatch or account closed - then it will be sufficient for prima facie case for issuing process under Section 138 NI Act. A bench of Justice …

S.138 NI Act | Supreme Court Sets Aside HC Decision Allowing Amendment Of Cheque Date Mentioned In Complaint
10 months, 2 weeks ago

S.138 NI Act | Supreme Court Sets Aside HC Decision Allowing Amendment Of Cheque Date Mentioned In Complaint

Live Law  

The Supreme Court recently set aside a judgment of the High Court which allowed a complainant in a cheque dishonour case to amend the date of the cheque mentioned in the complaint.The Supreme Court noted that the amendment application was moved after the evidence stage was over. The Supreme Court recently set aside a judgment of the High Court which …

Magistrate Had No Jurisdiction To Entertain Criminal Cases Against MPs/MLAs: Madhya Pradesh HC Grants Relief To Ex-MLA Sumitra Devi In False Affidavit Case
1 year ago

Magistrate Had No Jurisdiction To Entertain Criminal Cases Against MPs/MLAs: Madhya Pradesh HC Grants Relief To Ex-MLA Sumitra Devi In False Affidavit Case

Live Law  

While holding that the Judicial Magistrate First-Class at Burhanpur had no authority to entertain a criminal complaint filed against former Nepanagar MLA Sumitra Devi, the Madhya Pradesh High Court has directed the trial court to forward the complaint under S.156 CrPC to the designated special judge of Indore District Court. “…Since the question of competency and jurisdiction of the court …

S.138 NI Act | Cause Of Action U/S 142(1)(B) Only Arises After Expiry Of 15 Days For Payment Of Amount: Allahabad High Court
1 year ago

S.138 NI Act | Cause Of Action U/S 142(1)(B) Only Arises After Expiry Of 15 Days For Payment Of Amount: Allahabad High Court

Live Law  

The Allahabad High Court has held that the cause of action under Section 142 of the Negotiable Instruments Act, 1881 arises after expiry of 15 days granted to the drawer to pay the amount to the payee/cheque holder under clause of Section 138 of the Act. Section 142 of the NI Act provides that a complaint must be made within …

High Court Under S. 482 CrPC Should Not Decide Whether Debt In Cheque Dishonour Case Is Time-Barred: Supreme Court
1 year, 1 month ago

High Court Under S. 482 CrPC Should Not Decide Whether Debt In Cheque Dishonour Case Is Time-Barred: Supreme Court

Live Law  

The Supreme Court recently reiterated that in proceedings under Section 138 of the Negotiable Instruments Act, 1881, the question of whether the underlying debt is time-barred is based on the evidence. “Undoubtedly, the question regarding the time-barred nature of an underlying debt or liability in proceedings under Section 138 of the NI Act is a mixed question of law and …

S.138 NI Act : Supreme Court Slams Accused In Cheque Bounce Case For Not Honouring Undertaking To Pay; Imposes Rs 5 Lakhs Cost
1 year, 2 months ago

S.138 NI Act : Supreme Court Slams Accused In Cheque Bounce Case For Not Honouring Undertaking To Pay; Imposes Rs 5 Lakhs Cost

Live Law  

The Supreme Court took a strong stand while affirming the suspension of the accused/ present appellant's sentence, who was convicted under Section 138 of the Negotiable Instruments Act, 1881.The Court highlighted that the complainant has been litigating since 2007, i.e., for almost 16 years, but has not been able to receive its due amount. The Supreme Court took a strong …

Supreme Court Expunges Remarks Against Judge In Gauhati HC Judgment
1 year, 4 months ago

Supreme Court Expunges Remarks Against Judge In Gauhati HC Judgment

Live Law  

The Supreme Court on Friday ordered expunction of certain disparaging remarks made by the Gauhati High Court against a Special NIA Court Judge, who is at present a sitting judge of the High Court. The petitioner, who is currently a sitting judge of the Gauhati High Court, had approached the Top Court seeking expunction of some disparaging remarks made in …

Accused Can't Be Given Opportunity To Explain Before Filing Final Report : Supreme Court Sets Aside 'Strange' HC Order
1 year, 4 months ago

Accused Can't Be Given Opportunity To Explain Before Filing Final Report : Supreme Court Sets Aside 'Strange' HC Order

Live Law  

The Supreme Court recently expressed surprise at a direction passed by a High Court that the police will give opportunity to an accused to explain the materials collected against him before the filing of chargesheet.The Madhya Pradesh High Court passed the direction while refusing to quash an FIR under Section 482 of the Code of Criminal Procedure.Disapproving of the High …

High Court's Revisional Jurisdiction U/S 401 CrPC Limited, Can’t Interfere With Trial Court's Conclusions Unless Manifestly Illegal: MP High Court
1 year, 5 months ago

High Court's Revisional Jurisdiction U/S 401 CrPC Limited, Can’t Interfere With Trial Court's Conclusions Unless Manifestly Illegal: MP High Court

Live Law  

Madhya Pradesh High Court has reiterated that the scope of revisional jurisdiction wielded by the High Court under Section 401 CrPC is limited and it cannot be put to use for reversing the conclusions reached by the courts below. Adding to this, the single-judge bench of Justice Prem Narayan Singh sitting at Indore also noted that the High Court cannot …

Quash Cheque Bounce Case For Time-Barred Debt
1 year, 6 months ago

Quash Cheque Bounce Case For Time-Barred Debt

Live Law  

The Supreme Court observed that the question whether a cheque was issued towards a time barred debt is to be decided on evidence. "It is crystal clear that this Court keeping in perspective the nature of the proceedings arising under the NI Act and also keeping in view that the cheque itself is a promise to pay even if the …

Section 138 NI Act| 'Notice Not Invalid If Other Amount Is Separately Indicated Therein Along With Cheque Amount': Allahabad High Court
1 year, 10 months ago

Section 138 NI Act| 'Notice Not Invalid If Other Amount Is Separately Indicated Therein Along With Cheque Amount': Allahabad High Court

Live Law  

The Allahabad High Court has held that if in a demand notice, other amounts are mentioned along with the cheque amount in a separate portion in detail, the said notice can not be faulted in a legal term of Section 138 of the Act, 1881.For context, as per Section 138 of the 1881 Act, the payee or the holder in …

Not Proper To Shift Burden On Complainant To Prove NI Act Case Beyond ‘Reasonable Doubt’ When Accused Didn’t Respond To Statutory Notice: Gujarat High Court
1 year, 10 months ago

Not Proper To Shift Burden On Complainant To Prove NI Act Case Beyond ‘Reasonable Doubt’ When Accused Didn’t Respond To Statutory Notice: Gujarat High Court

Live Law  

While allowing a leave to appeal against acquittal in a criminal case under Section 138 of the N.I. Act, the Gujarat High Court said the Magistrate's approach in shifting the burden upon the complainant to prove his case beyond reasonable doubt was not proper “when the accused has chosen not to question the financial capacity of complainant at very first …

Madhya Pradesh High Court Allows Litigant To Withdraw Suit And File It Afresh, 7 Years After It Was Instituted
2 years, 2 months ago

Madhya Pradesh High Court Allows Litigant To Withdraw Suit And File It Afresh, 7 Years After It Was Instituted

Live Law  

The High Court of Madhya Pradesh,Indore Bench recently allowed an application under Order 23 Rule 1 and 3 of the CPC moved by a litigantto withdraw his suit with liberty to file it afresh, more than seven years after the case was instituted before a Civil Judge in Dewas. Thus in my opinion the reasons given by theplaintiff in his …

Section 138 NI Act | Infirmity In Cheque Return Memo Does Not Render Entire Trial As Nullity: Delhi High Court
2 years, 3 months ago

Section 138 NI Act | Infirmity In Cheque Return Memo Does Not Render Entire Trial As Nullity: Delhi High Court

Live Law  

The Delhi High Court has held that any infirmity in the cheque return memo does not render the entire trial under Section 138 of the Negotiable Instruments Act as nullity.Observing that cheque return memo is a memo informing the payee and its banker about the dishonour of a cheque, Justice Sudhir Kumar Jain said if the said cheque return memo …

NI Act | Complainant Can't Seek To Prosecute Company's Former Directors For Cheque Issued To Repay Amount Invested When They Held Office: Karnataka HC
2 years, 4 months ago

NI Act | Complainant Can't Seek To Prosecute Company's Former Directors For Cheque Issued To Repay Amount Invested When They Held Office: Karnataka HC

Live Law  

The Karnataka High Court has quashed the proceedings initiated against two former directors of a company under Section 138 of the Negotiable Instruments Act by the complainant claiming that when he invested the money in the company they were directors. A private complaint was filed under Section 200 of the Code of Criminal Procedure, 1973 for the offence punishable under …

Question Whether Cheque Was Issued For A Time Barred Debt Or Not Cannot Be Decided In A Petition Under Section 482 CrPC : Supreme Court
2 years, 4 months ago

Question Whether Cheque Was Issued For A Time Barred Debt Or Not Cannot Be Decided In A Petition Under Section 482 CrPC : Supreme Court

Live Law  

The Supreme Court observed that the question whether the cheque in question had been issued for a time barred debt or not cannot be decided in a petition under Section 482 CrPC.The bench of Justices S. Abdul Nazeer and J B Pardiwala observed that this question is a matter of evidence.In this case, the Punjab and Haryana High Court quashed …

Juvenile Justice | Only JJB And Not Trial Court Has Power To Determine Juvenility U/S 94: Madhya Pradesh High Court
2 years, 7 months ago

Juvenile Justice | Only JJB And Not Trial Court Has Power To Determine Juvenility U/S 94: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court, Indore Bench recently held that the trial court does not have the power under Section 94 of Juvenile Justice Act, 2015 to determine the age as contested by the accused and that the same can be exercised only by the Juvenile Justice Board. Setting aside the order passed by the lower court whereby it had …

Decree Is Ex-Parte In Nature If Defendant Could Not Adduce Evidence After Filing Written Statement: Andhra Pradesh High Court
2 years, 7 months ago

Decree Is Ex-Parte In Nature If Defendant Could Not Adduce Evidence After Filing Written Statement: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court recently set aside a decree and judgment which was ex-parte in nature as the defendant could not adduce evidence during trial due to ill health. "the impugned decree and judgment are only ex- parte in nature since the evidence of defendant was not adduced in this case and he failed to attend the Court…So there …

Undisputed Signatures On The Cheque In Itself Are Not Sufficient For Conviction Under Section 138 Of NI Act: Punjab And Haryana High Court
2 years, 9 months ago

Undisputed Signatures On The Cheque In Itself Are Not Sufficient For Conviction Under Section 138 Of NI Act: Punjab And Haryana High Court

Live Law  

Punjab and Haryana High Court while dealing with an application under Section 378 Cr.P.C. for grant of leave to appeal against the judgment acquitting respondent in Complaint Case of 2012, held that undisputed signatures of the respondent on the cheque in itself are not sufficient for conviction under Section 138 of the Act. The trial court acquitted the respondent by …

Order Disposing Application U/S 91 CrPC Interlocutory, No Revision Lies Against It: Madhya Pradesh High Court
2 years, 11 months ago

Order Disposing Application U/S 91 CrPC Interlocutory, No Revision Lies Against It: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court recently set aside the order of lower court allowing revision against rejection of application under Section 91 CrPC, reiterating that the impugned order was interlocutory in nature and therefore no revision lies against it. Justice Atul Shreedharan was dealing with an application under Section 482 CrPC, moved by the Applicant who was aggrieved by the …

Magistrates Cannot Extend Time To Complete Investigation In UAPA Cases: Supreme Court Dismisses Review Petition
3 years ago

Magistrates Cannot Extend Time To Complete Investigation In UAPA Cases: Supreme Court Dismisses Review Petition

Live Law  

The Supreme Court dismissed a review petition filed by State of Madhya Pradesh against its judgment holding that magistrates would not be competent to extend the time to complete investigations in UAPA cases.The grounds taken in the Review Petition do not make out any error apparent on record to justify interference, the bench comprising Justices Uday Umesh Lalit, S. Ravindra …

Change Of Counsel Not Ground To Recall Witnesses U/S 311 CrPC: Madhya Pradesh High Court
3 years ago

Change Of Counsel Not Ground To Recall Witnesses U/S 311 CrPC: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court, Gwalior Bench recently dismissed a criminal revision, whereby the Applicant was praying for re-examination of witnesses in a trial, holding that change of counsel cannot be a ground for recall of the witnesses. Furthermore, it noted that if the Applicant felt that his previous Counsel had indulged in professional misconduct, he should report the same …

Madhya Pradesh High Court Rejects Application For Compounding Of Offences U/S 307, 498A IPC Based On Compromise Between Parties
3 years, 1 month ago

Madhya Pradesh High Court Rejects Application For Compounding Of Offences U/S 307, 498A IPC Based On Compromise Between Parties

Live Law  

The Madhya Pradesh High Court, Gwalior Bench recently dismissed an application filed for compounding of offences under Sections 307 and 498-A read with Section 34 of IPC, based on a compromise between the parties involved. Vs. Deepak the Hon'ble Apex Court has had an occasion to consider whether the High Court can quash the FIR/complaint/criminal proceedings, in exercise of the …

Section 138 NI Act- Not Mentioning Date Of Service Of Demand Notice Is Not Fatal To Case: Allahabad High Court
3 years, 9 months ago

Section 138 NI Act- Not Mentioning Date Of Service Of Demand Notice Is Not Fatal To Case: Allahabad High Court

Live Law  

The Allahabad High Court has held that a complaint for dishonour of cheque under Section 138 of the Negotiable Instruments Act, 1881, cannot be dismissed merely because it does not mention the date on which the demand notice was served upon the alleged defaulter/ drawer. "When the notice is sent by registered post by correctly addressing the drawer of the …

'Amend Section 138 NI Act To Allow One Trial For Multiple Cases From Single Transaction' : Supreme Court Issues Directions For Expeditious Trial Of Cheque Cases
3 years, 11 months ago

'Amend Section 138 NI Act To Allow One Trial For Multiple Cases From Single Transaction' : Supreme Court Issues Directions For Expeditious Trial Of Cheque Cases

Live Law  

A constitution bench of the Supreme Court on Friday issued a set of directions to expedite the trial of cheque dishonour cases under Section 138 of the Negotiable Instruments Act.The directions are as follows :The High Courts are requested to issue practice directions to the Magistrates to record reasons before converting trial of complaints under Section 138 of the. A …

Expeditious Trial Of Section 138 NI Act Cases : Supreme Court Seeks High Courts' Responses To Amici Curiae Report
4 years, 4 months ago

Expeditious Trial Of Section 138 NI Act Cases : Supreme Court Seeks High Courts' Responses To Amici Curiae Report

Live Law  

The Supreme Court on Thursday sought the responses of all High Courts to the preliminary report submitted by Amici Curiae with suggestions for expeditious trial of cheque bounce cases under Section 138 of the Negotiable Instruments Act, 1881.A bench comprising Chief Justice of India S A Bobde and Justice L Nageswara Rao passed the order in the suo moto case …

Section 138 NI Act: Cheque Not Valid If Amount Written Is Uncertain, Holds Delhi Court [Read Order]
4 years, 7 months ago

Section 138 NI Act: Cheque Not Valid If Amount Written Is Uncertain, Holds Delhi Court [Read Order]

Live Law  

A Delhi Court has recently held that an instrument cannot be termed as a cheque, if it does not specify a "certain amount" of money to be paid to a certain person. "There could have been no dispute about this instrument being a cheque within the definition of section 6 of the NI Act but for its failure to meet …

HC Cannot Disregard Statutory Limitation Period To Entertain Writ Petition Challenging Order Passed By Statutory Authority: SC [Read Judgment]
4 years, 10 months ago

HC Cannot Disregard Statutory Limitation Period To Entertain Writ Petition Challenging Order Passed By Statutory Authority: SC [Read Judgment]

Live Law  

The Supreme Court has observed that a High Court cannot disregard the statutory limitation period to entertain writ petition assailing orders passed by statutory authorities which were not appealed against before the expiry of the maximum limitation period. Therefore, the issue before the Apex Court in the appeal filed by Revenue was whether the High Court in exercise of its …

S.138 NI Act: SC Directs RBI To Consider Developing A New Proforma Cheque To Include Purpose Of Payments [Read Order]
5 years ago

S.138 NI Act: SC Directs RBI To Consider Developing A New Proforma Cheque To Include Purpose Of Payments [Read Order]

Live Law  

The Supreme Court has recently asked The Reserve Bank of India to consider developing a new proforma of cheques so as to include the purpose of payment, along with other informations to facilitate adjudication of real issues in cheque bounce cases. The Reserve Bank of India may consider developing a new proforma of cheques so as to include the purpose …

Complaint U/s 138 NI Act Cannot Be Quashed When Disputed Question Of Facts Are Involved: SC [Read Judgment]
5 years, 1 month ago

Complaint U/s 138 NI Act Cannot Be Quashed When Disputed Question Of Facts Are Involved: SC [Read Judgment]

Live Law  

The Supreme Court has observed that a cheque bounce complaint under Section 138 of the Negotiable Instruments Act cannot be quashed when disputed questions of facts are involved. In this case, the High Court, in a petition filed by the accused, observed that the criminal case has been filed under Section 138 of N.I. Regarding the power under Section 482 …

Section 482 Cr.P.C :Recent Supreme Court Judgments
5 years, 9 months ago

Section 482 Cr.P.C :Recent Supreme Court Judgments

Live Law  

Petition For Quashing FIR Can Be Entertained Even If Charge sheet Is Filed During Its PendencyIn Anand Kumar Mohatta vs State Supreme Court held that High Courts can entertain a petition filed under Section 482 CrPC seeking quashing of FIR, even if the charge sheet is filed during the pendency of that petition. Petition For Quashing FIR Can Be Entertained …

Review/Recall/Modification Of Orders/Judgments Barred In Criminal Matters: SC [Read Order]
5 years, 10 months ago

Review/Recall/Modification Of Orders/Judgments Barred In Criminal Matters: SC [Read Order]

Live Law  

An application for review or modification could not have been entertained, the Supreme Court observed while setting aside a High Court order in a Section 482 CrPC petition. A man accused of offences under Section 364 and 323 read with Section 34 of the Indian Penal Code had approached the Madhya Pradesh High Court seeking to quash the FIR. The …

SC Endorses HP HC’s Ruling That Complaints Under NI Act Cannot Be Re-Filed After Amendments Without Authorisation
7 years, 9 months ago

SC Endorses HP HC’s Ruling That Complaints Under NI Act Cannot Be Re-Filed After Amendments Without Authorisation

Live Law  

The Supreme Court’s Vacation Bench of Justices Prafulla C. Pant and Deepak Gupta on Tuesday, June 13, declined to interfere with the decision of the Himachal Pradesh High Court, which held the re-filing of a complaint filed at Delhi’s Saket district court under Section 138 of the NI Act as void, since it did not have its authorisation.In the instant …

Supreme Court Weekly Round-Up
8 years, 6 months ago

Supreme Court Weekly Round-Up

Live Law  

VRS: It is not open for the Employees to withdraw the Application after the stipulated last dateThe Supreme Court in Madhya Pradesh State Road Transportation Corporation vs. Manoj Kumar & Anr. VRS: It is not open for the Employees to withdraw the Application after the stipulated last date The Supreme Court in Madhya Pradesh State Road Transportation Corporation vs. Manoj …

Breaking; Complaint for Dis-honour of Cheque [S.138 NI ACT] is not maintainable before the expiry of 15 Days Notice Period. Remedy is not to re-present but to file fresh Complaint. Jt in Narsingh Das.
10 years, 6 months ago

Breaking; Complaint for Dis-honour of Cheque [S.138 NI ACT] is not maintainable before the expiry of 15 Days Notice Period. Remedy is not to re-present but to file fresh Complaint. Jt in Narsingh Das.

Live Law  

Resolving the conflict between two-Judge Bench Judgments in Narsingh Das Tapadia v. Goverdhan Das Partani and Sarav Investment & Financial Consultancy Private Limited and Anr. v. Llyods Register of Shipping Indian Office Staff Provident Fund, a three Judge Bench of Supreme Court held that cognizance of an offence punishable under Section 138 of the Negotiable Instruments Act 1881 cannot be …

Madhya Pradesh govt to file curative petition in Supreme Court
14 years, 9 months ago

Madhya Pradesh govt to file curative petition in Supreme Court

The Hindu  

The Madhya Pradesh government will be filing a curative petition in the Supreme Court to revive charges of culpable homicide against the accused in the Bhopal gas leak case. Another curative petition was also recommended to address the “inadequacy of the compensation” against the order dated 14.2.1989 which set the amount of compensation at Rs. The committee also recommended the …

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