NI Act : Test Of Proportionality Must Guide In Determining If Presumption Under Sec.139 Was Rebutted [Read Judgment]

Finding that the presumption under Section 139 of the Negotiable Instruments Act regarding the existence of legally enforceable debt was rebutted, the Supreme Court acquitted an accused in a case filed under Section 138 NI Act."...in determining whether the presumption has been rebutted, the test of proportionality must guide the determination. The standard of proof for rebuttal of...

Supreme Court Weekly Round Up

NI Act- Once The Presumption Under Sec.139 Is Drawn, Complainant Need Not Prove Source Of Fund Till Accused Discharges His Burden [Rohitbhai Jivanlal Patel V. State of Gujarat] The Supreme Court held that once the court has drawn presumption of existence of legally enforceable debt as per Section 139 of the Negotiable Instruments Act, factors like source of funds are not relevant if...

Girls Have Equal Freedom As Boys: Kerala HC Strikes Down Discriminatory Girls' Hostel Rules [Read Judgment]

It appears that moral choice of the management is attempted to be imposed upon the Boarders. The moral paternalism is something to be frowned upon

Does The Office Of CJI Come Under The Purview Of RTI Act? SC Finally Lists Its Own Appeal Before Constitution Bench

Cases pertaining to Land Acquisition Matters, Immunity of Legislators, have also been listed for hearing before the Constitution Bench from March 27th.

NI Act- Once The Presumption Under Sec.139 Is Drawn, Complainant Need Not Prove Source Of Fund Till Accused Discharges His Burden [Read Judgment]

The Supreme Court has held that once the court has drawn presumption of existence of legally enforceable debt as per Section 139 of the Negotiable Instruments Act, factors like source of funds are not relevant if the accused has not been able to rebut the presumption."When such a presumption is drawn, the factors relating to the want of documentary evidence in the form of receipts or accounts...

Views In Lead Judgment Are Binding Precedents If Concurring Judgments Did Not Express Any Contrary Opinion On It: SC [Read Judgment]

"Law laid down in the lead judgment in Express Newspaper (supra) is the law by three Hon’ble Judges who constituted the Bench."

Heart Wrenching To See Children Suffering In Custody Battle Between Parents, Says SC [Read Judgment]

"Spouses must come over the temperamental disharmony which usually exists in every marriage, rather than magnifying it with impulsive desires and passions."

'Women Treated As Chattel', Says Plea Challenging Restitution Of Conjugal Rights; SC Seeks Centre's Response

The provisions dealing with restitution of conjugal rights in effect treat women as 'chattel', the petitioners argue.

SC Dismisses PIL Seeking Direction To Send Muslims To Pakistan

The Supreme Court on Friday dismissed a plea seeking a direction to the Central Government to send Muslims living in India to Pakistan. The plea filed by one Sangat Singh Chauhan which also sought a direction to the government to bring Hindus living in Pakistan to India, came up for hearing before a bench of Justices R F Nariman and Vineet Saran. "What is this? Do you seriously want...

Employee Should Know Service Rules; Not For Employer To Advise Him About It: SC [Read Judgment]

"The department was not expected to advise and/or tell the employee about how the seniority will be fixed and/or about the rota-quota rule"

SC Asks WB Govt To Ensure Smooth Screening Of Film 'Bhobishyoter Bhoot'

The Supreme Court today directed the West Bengal Government to ensure that the screening of the film "Bhobishyoter Bhoot" takes place without unlawful obstruction. This interim order was passed by the bench of Justices D Y Chandrachud and Hemant Gupta while issuing notice to WB Government on a petition by the producers of the film complaining that the film was taken off from the...

Pollachi Sexual Assault Case: Two Lawyers Move SC For Court-Monitored Probe

Two advocates, both native of Tamil Nadu, today moved the Supreme Court seeking a court-monitored probe into the Pollachi serial sexual assault case and direction to the State and its police to provide necessary safeguard to the victim and their families and to ensure that the videos of the victims shot by the accused are not made public. A Rajarajan and Y William Vinoth Kumar, who...