Dishonour Of Cheque Due To Subsequent Freezing Of Drawer's Bank Account Can't Lead To Prosecution U/S 138 NI Act: Delhi High Court

The Delhi High Court recently granted relief to an entity being prosecuted under Section 138 of the Negotiable Instruments Act 1881, for dishonor of a cheque issued by it— due to subsequent freezing of its bank account.Justice Ravinder Dudeja observed that under Section 138 of the NI Act, an offence is committed when a cheque is returned unpaid due to insufficient funds in the...

Delhi High Court Upholds Right To Travel Abroad, Permits Duo Allegedly Involved In ₹1626.74 Crore Bank Fraud To Visit Children In USA

The Delhi High Court recently permitted two persons, allegedly involved in Rs.1626.74 crore bank fraud, to visit their children in the USA.In doing so, Justice Harish Vaidyanathan Shankar not only cited the fundamental right to travel under Article 21 of the Constitution but also noted that the LOC against them stood suspended.Moreover, though the Supreme Court had directed the Punjab...

Motor Accident Tribunal Must Adjust Tax, Other Deductions Before Assessing Income Of Deceased To Determine Compensation: Delhi High Court

The Delhi High Court has held that the Motor Accident Claims Tribunal must deduct the income tax and other statutory obligations from the income of the deceased, for determining the compensation payable to the kin.Justice Amit Mahajan relied on Sarla Verma and Ors. v. Delhi Transport Corporation and Anr.: (2009) where the Sypreme Court held that for calculating compensation, the income of...

Once Right To File Written Statement Is Closed, Application U/S 8 Of Arbitration Act Can't Be Entertained: Delhi High Court

The Delhi High Court bench of Justices Shalinder Kaur and Navin Chawla has held that once the right to file a written statement is closed, an application under Section 8 of the Arbitration and Conciliation Act seeking reference to arbitration is not maintainable. Brief Facts: This Regular First Appeal under Section 13 of the Commercial Courts Act, 2015 challenges the judgment...

S.138 NI Act | Cheque Holder Must Specifically Demand Payment Of 'Cheque Amount' In Legal Notice: Delhi High Court

The Delhi High Court has made it clear that the legal notice sent to a cheque drawer over dishonor of the instrument, must specifically demand the payment of 'cheque amount'.In the absence of such demand, the preconditions to institute proceedings under Section 138 of the Negotiable Instruments Act 1881 do not stand fulfilled.Justice Amit Mahajan held,“The language of Section 138(b) of the...

S.45 PMLA | Delhi High Court Grants Interim Bail To Money Laundering Accused On Ground Of Illness Of Family Member

The Delhi High Court recently granted interim bail to an accused under the Prevention of Money Laundering Act 2002 to attend to his critically ill mother and to make necessary arrangements for her continued medical treatment.Though the Enforcement Directorate submitted that the ground of illness of a family member of the accused is not available under Section 45 of PMLA, Justice Tejas...

Delhi High Court Weekly Round-Up: June 09 To June 15, 2025

Citations 2025 LiveLaw (Del) 669 to 2025 LiveLaw (Del) 681NOMINAL INDEXCENTRAL BOARD OF SECONDARY EDUCATION v. PREMA EVELYN D CRUZ AND ANR 2025 LiveLaw (Del) 669 Sanjay @ Sanju v. State 2025 LiveLaw (Del) 670 Amanatullah Khan v. DDA 2025 LiveLaw (Del) 671 Oswaal Books And Learnings Private Limited v. The Registrar Of Trade Marks 2025 LiveLaw (Del) 672 Vikram Yadav v. State Govt of NCT...

'Not Stereotyped Allegations': Delhi High Court Denies Bail To Man Accused Of Swapping Wife With His Friends

The Delhi High Court has refused to grant bail to a man booked for compelling and swapping his wife with his friends for sexual activities.Stating that the case does not reflect “stereotyped matrimonial dispute allegations”, Justice Girish Kathpalia denied the relief in a 2024 FIR lodged under Sections 498A (Cruelty), 406 (Criminal Breach of Trust), 376 (Rape), 328 (Causing hurt...

Existence Of 'Gangs' In Prison With Access To Weapons Doesn't Reflect Well: Delhi High Court Criticises Jail Authorities Over Inmate's Death

The Delhi High Court recently took exception to the submission made by Tihar Jail authorities that it is not responsible for the death of an inmate following a clash between 'rival gangs' within the prison.Justice Harish Vaidyanathan Shankar observed that the State owes a duty to ensure the security of the general public, including persons who are incarcerated, and “The fact that, in...

Dependent Siblings, Their Children Not Ousted From Seeking Benefits Under Delhi Victims Compensation Scheme 2018: High Court

The Delhi High Court has made it clear that siblings, married or unmarried or the children of such siblings, are not ipso facto disentitled from claiming compensation under the Delhi Victims Compensation Scheme, 2018 (DVCS).Justice Harish Vaidyanathan Shankar held that though the definition of “Dependent” under Clause 2(b) of the DVCS does not include “siblings” however, given...

Applicability Of Arbitration Clause Is To Be Determined By Arbitrator, Cannot Be Decided In S.11 Plea: Delhi High Court

The Delhi High Court Bench of Justice Sachin Datta has held that contentions regarding the applicability and relevance of an arbitration agreement are to be dealt with by the arbitrator and cannot be gone into at the stage of section 11 petition. Once the existence of arbitration agreement is not disputed, any dispute related to the applicability of the agreement has to be dealt by...

[Motor Accident Claims] Crossing Road Outside Zebra-Crossing Not 'Contributory Negligence' On Part Of Victim: Delhi High Court

The Delhi High Court has reiterated that a pedestrian in an accident cannot be held responsible for contributory negligence merely because he was crossing the road from a place other than the Zebra crossing.In doing so, Justice Amit Mahajan relied on Gaytri Devi v. New India Assurance Co. Ltd. (2024) where a coordinate bench held that “even if there was no Zebra Crossing, there can be...