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 Tapadia (2000)Overruled [Read the Judgment]

Resolving the conflict between two-Judge Bench Judgments in Narsingh Das Tapadia v. Goverdhan Das Partani [(2000) 7 SCC 183] and Sarav Investment & Financial Consultancy Private Limited and Anr. v. Llyods Register of Shipping Indian Office Staff Provident Fund [(2007) 14 SCC 753], a three Judge Bench of Supreme Court held that cognizance of an offence punishable under Section 138 of...

Law Commission Chairman against Supreme Court benches in different cities

Attending a function at the Bombay High Court, Chairman of Law Commission of India has reportedly said that “more benches would not serve any purpose”.He was speaking at a debate organized by Advocate Association of Western India (AAWI) on “Should there be SC benches in various parts of the country?”Agreeing with the point that the Supreme Court is currently overloaded with cases, he...

Cases of Financial Frauds shall not be quashed on the ground of Compromise as it is a social wrong and it has immense societal impact: Supreme Court [Read the Judgment]

Hearing an appeal filed by State of Maharashtra against the judgment of the Bombay High Court, the Supreme Court held that High Courts should not quash FIR in cases of financial frauds where public is at a loss, even if there is a settlement.The judgment written by Justice Dipak Misra, relied on the judgment delivered by the Supreme Court in CBI v Jagjit Singh [(2013) 3 SCC 686]"wherein the...

CPIL quotes UU Lalit’s letter, says it forced CBI director not to file separate affidavits in 2G case

CPIL, the petitioner NGO in the 2G scam case before the Supreme Court has claimed that it was five questions that were asked by the then Special Public Prosecutor UU Lalit to the CBI which forced the Central Bureau of Investigation to not file separate responses to petitions filed in the 2G case.Reportedly, a new affidavit has been filed by CPIL and it states that Mr. UU Lalit, after...

Prashant Bhushan Refuses to disclose identity of whistleblower who leaked CBI Chief’s visitors’ logbook

Senior lawyer Prashant Bhushan has reportedly refused to disclose the identity of the person who leaked the entry registrar of CBI Chief Sinha’s house. A Bench headed by Justice Dattu had on September 15, has said that it must know the identity of the person before taking a call on the proceedings regarding the controversial visitors’ logbook of CBI Director’s residence.According...

Rajasthan Assembly to amend Cr.P.C to enhance the amount of Fine which can be imposed by Magistrate from 10,000 to 50,000

The Code of Criminal Procedure (Rajasthan Amendment) Bill, 2014 will be introduced in the Rajasthan Legislative Assembly, amending section 29 of the Cr.P.C, increasing the amount of fine which can be imposed by the Magistrate from 10,000 to 50,000.According to the Statement of Objects and Reasons, it became necessary to enhance the power of the Judicial Magistrate of First Class, in the view...

Make appointment of CVC more transparent says Supreme Court

While hearing the petition filed by NGO Centre for Integrity, Governance and Training in Vigilance Administration in relation to the transparency in appointment of CVC, the Supreme Court today said that eligible persons other than IAS officers should be allowed to apply for the post. The Court also ordered that a public notice be released by the Central Government regarding the post.Hearing...

BREAKING; General Law relating to Secondary Evidence is not applicable to Electronic Evidence; Ratio in Parliament Attack Case [State v. Navjot Sandhu alias Afsan Guru (2005)11 SCC 600] overruled to that extent [Read the Judgment]

A three Judge Bench of the Supreme Court today in Ansar P.V. vs. P.K.Basheer & Ors., overruled the the statement of law on admissibility of secondary evidence in Parliament Attack Case [State v. Navjot Sandhu alias Afsan Guru (2005) 11 SCC 600] to the extend pertaining to electronic record. The Bench comprising of Chief Justice Lodha, Justice Kurian Joseph and Justice...

Apex Court suggests second round of proceedings in Army gun running case

The Supreme Court on Tuesday reportedly asked the Army to clarify if disciplinary proceedings could be initiated against high-ranking officers of the South-Western Command for selling their personal weapons to shopkeepers and traders in Ganganagar, Rajasthan. The Court was hearing a PIL filed by Supreme Court lawyer, Arvind Kumar Sharma.Attorney General, Mukul Rohatgi had argued that...

Breaking; Supreme Court stays Bombay High Court Jt which 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

A two Judge Bench of the Supreme Court has stayed the Bombay High Court Judgment which recently 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 explaining the Apex Court  Judgment in Dashrath Rupsingh Rathod vs. State of Maharashtra. Supreme Court has issued notice to...

Activists want SIT Probe in CBI-Gate

India's most prominent social activists have written an open letter to the Chief Justice of India. The activists claim that asking Mr. Prashant Bhushan to name the whistle-blower in the Ranjit Sinha visitor’s book issue, goes against the spirit of Whistleblower’s Act passed by Parliament.The activists include Aruna Roy, former information commissioner Shailesh Gandhi, Jagdeep Chhokar...

Constitution Bench Lays down law on retrospective taxation, principle of "fairness" the balancing factor [Read the Judgment]

The Constitution Bench of the Supreme Court delivered the judgment in relation to retrospective taxation and held that a statute has to be read prospectively until a contrary intention appears. The Court also applied the doctrine of fairness in the judgment.The litigation in Commissioner of Income Tax, New Delhi v. Vatika Township Private Ltd. arose when there was a search and seizure...