Cover Stories

Breaking; Dis-honour of “AT PAR” Cheque; Complaint can be filed in the Court within whose local jurisdiction the nearest available branch of Drawer’s bank situated. SC Judgment in Dashrath v. State is not applicable to “AT PAR” Cheques [Read the Judgment]

Breaking; Dis-honour of “AT PAR” Cheque; Complaint can be filed in the Court within whose local jurisdiction the nearest available branch of Drawer’s bank situated. SC Judgment in Dashrath v. State is not applicable to “AT PAR” Cheques [Read the Judgment]

Giving huge relief to the Creditors, Bombay High Court held that Dis-honour of “AT PAR” Cheque cases can be filed to the Court within whose local jurisdiction the nearest available branch of bank of the drawer situated. In Mr.Ramanbhai Mathurbhai Patel  V State of Maharashtra & Anr, Justice M.L.Tahalyani explained the dictum in Dashrath v. State of Maharashtra in which a three Judge Bench of the Supreme Court held that dis-honour of Cheque cases can be filed only to the Court within whose local jurisdiction, the offence was Committed; ie, where the cheque is dishonoured by the bank on which it is drawn. The High Court was considering the issue “which Court will have territorial …

Breaking; Dis-honour of Cheque cases can be filed only to the Court within whose local jurisdiction, the offence was Committed; ie, where the cheque is dishonoured by the bank on which it is drawn. Bhaskaran Vs Balan (1999) which allowed Five territorial Jurisdictions overruled [Read the Judgment]

Breaking; Dis-honour of Cheque cases can be filed only to the Court within whose local jurisdiction, the offence was Committed; ie, where the cheque is dishonoured by the bank on which it is drawn. Bhaskaran Vs Balan (1999) which allowed Five territorial Jurisdictions overruled [Read the Judgment]

A three Judge Bench of the Supreme Court finally held that  a Complaint of Dis-honour of Cheque can be filed only  to  the  Court  within  whose  local jurisdiction the offence was committed, which  in  the  present  context  is where the cheque is dishonoured by the bank on which it is drawn. The Court clarified that the Complainant  is  statutorily  bound  to comply with Section 177 etc. of the CrPC and therefore the  place  or  situs where the Section 138 Complaint is to be filed is not of his choosing. The Supreme Court in Dashrath Rupsingh Rathod Vs. State of Maharashtra & Anr. Overruled the two Judge Bench Judgment in K. Bhaskaran v. Sankaran Vaidhyan  Balan  …

Fresh doubts about validity of appointments to NHRC‏

Fresh doubts about validity of appointments to NHRC‏

There is considerable evidence to suggest that the appointment in 2013 of former Supreme Court Judge, Justice Cyriac Joseph and former Police Chief S.C. Sinha as members of the National Human Rights Commission violate the transparency norms prescribed by the Supreme Court in P.J. Thomas case. Significant revelations have been brought forward by the recently published book, "Constitutional Conundrums: Challenges to India's Democratic Process", authored by senior journalist V. Venkatesan. Renowned legal journalist, Venkatesan makes several revelations in the book by filing several RTI applications in the process of unearthing relevant information.  Some of the replies to his applications …

Supreme Court Rules 2013: An insight into the changes

Supreme Court Rules 2013: An insight into the changes

Changes have been introduced into the rules according to which the apex court of the country functions. These have come by way of a gazette notification on the new regulations, to be called the Supreme Court Rules, 2013. The notification replaces the SC Rules, 1966. The maximum period for summer vacations has been reduced from ten weeks to seven weeks. A few duties of the Registrar have been transferred to the Secretary General. The Secretary General shall now have the custody of the records of the Court. In the absence of the Secretary General, the functions of the Secretary General may be exercised by the Registrar nominated by the Chief Justice. Official seal will also be kept in the …

Interviews

Law School Corner

Law Firms

Book Reviews

Job Updates

Events Calendar