Cheque Bounce Complaint Filed Before Expiry Of 15 Days From Date Of Receipt Of Notice By Drawer Is Not Maintainable : Supreme Court

The Supreme Court observed that a cheque bounce complaint filed before the expiry of 15 days from the date of receipt of notice by the drawer of the cheque is not maintainable.In this case, the notice was received by the accused on 8 November 2005, and the complaint was filed before the period of fifteen days was complete, on 22 November 2005. The Trial court acquitted the accused. But the...

Supreme Court Half Yearly Digest 2022 (Jan - Jun) EVIDENCE ACT- With Parallel Citations

Evidence Act, 1872 - "Matters" - Matters are necessary, concomitant material factors to prove a fact. All evidence would be "matters" but not vice versa. In other words, matters could be termed as a genus of which evidence would be a species. Matters also add strength to the evidence giving adequate ammunition in the Court's sojourn in deciphering the truth. Thus, the definition of...

Patiala House Court : Untold Stories [HINDI]

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BJP Leader Syed Shahnawaz Hussain Moves Supreme Court Against Delhi HC Order For Registration Of FIR Against Him In 2018 Rape Case

BJP Leader Syed Shahnawaz Hussain has moved the Supreme Court against yesterday's Delhi High Court order directing a registration of FIR against him in an alleged 2018 rape case. The matter was mentioned for an urgent hearing before the bench of Chief Justice N.V. Ramana, Justice Hima Kohli and Justice C.T. Ravikumar.Advocate Mohit Paul, counsel appearing for Hussain, argued that if an FIR...

"Perverse": Supreme Court Sets Aside HC Order Discharging Rape Accused On Sole Ground Of Delay In Lodging FIR

The Supreme Court recently set aside a judgment of the Madhya Pradesh High Court which discharged a rape accused on the ground of delay in the registration of the First Information Report (FIR).The bench comprising Justices DY Chandrachud and JB Pardiwala observed that the High Court judgment is perverse and utterly incomprehensible."..The impugned order of the High Court is...

Spicejet & Credit Suisse Settles Dispute, Plea In Supreme Court Withdrawn

The Supreme Court on Thursday heard the plea of airline company SpiceJet Ltd., challenging the winding order passed by the Madras High Court on Thursday. The airline company stated that it had reached a settlement with the creditor and agreed to withdraw the Special Leave Petition filed against the Madras High Court's winding up order. The matter was listed before the bench of Chief Justice...

Supreme Court Dismisses Plea Seeking Directions To Election Commission To Freeze AIADMK's "Two Leaves" Symbol

The Supreme Court on Thursday dismissed a plea seeking directions to the Election Commission of India to freeze the AIADMK's "Two Leaves" symbols. The matter was listed before the bench of Chief Justice N.V. Ramana, Justice Hima Kohli and Justice C.T. Ravikumar. The CJI, while stating that the petition was a "waste of time", dismissed the same.The petitioner, PA Joseph, had earlier approached...

"Careless & Casual" : Supreme Court Imposes Rs 1 Lakh Cost On Union Govt For Wrongly Mentioning Company As "Coalgate" Scam Allottee

The Supreme Court on Wednesday imposed a cost of Rupees one lakh on the Union Government for incorrectly mentioning the name of a coal mining company in the list of the illegal coal block allotments made in the "Coalgate" scam.The Court noted that the petitioner-company, BLA Industries Pvt Ltd, had applied through the legal route, following the procedure under the Mines and Mineral...

Not Required To Formulate Substantial Question Of Law In Second Appeal In Haryana : Supreme Court

The Supreme Court observed that, in the State of Haryana, a substantial question of law is not required to be formulated in a second appeal.What is applicable in Haryana is Section 41 of the Punjab Courts Act, 1918 and not Section 100 of the Code of Civil Procedure, the bench comprising Justices Uday Umesh Lalit, S. Ravindra Bhat and Sudhanshu Dhulia observed while considering an appeal...

Supreme Court Orders Status Quo On Delhi HC Direction Placing Indian Olympic Association Under Committee Of Administrators

The Supreme Court on Thursday ordered status quo with respect to the Delhi High Court's order which placed the affairs of Indian Olympic Association under a Committee of Administrators constituted by the High Court.A bench comprising Chief Justice of India NV Ramana and Justice CT Ravikumar passed the order on an urgent mentioning made by the Indian Olympic Association. The bench was...

UGC Regulations 2016 Exempting PhD Holders From NET Qualification Will Apply Retrospectively : Supreme Court

The Supreme Court, on Wednesday, held that the UGC (Minimum Qualifications for Appointment and Career Advancement of Teachers in Universities and Institutions Affiliated to It) Regulations, 2016 would be applied retrospectively. Relying on a catena of judgments, a Bench comprising Justices U.U. Lalit, S. Ravindra Bhat and Sudhanshu Dhulia reiterated that when an amendment is...

Supreme Court Questions ED's Act Of Producing Sealed Cover Documents In PIL Against Jharkhand Chief Minister Hemant Soren

The Supreme Court on Wednesday asked the Enforcement Directorate why did it furnish a report in sealed cover before the Jharkhand High Court in a PIL seeking enquiry against Jharkhand Cheif Minister Hemant Soren, even before the allegations are substantiated. During the hearing today, a Bench of Justices UU Lalit, Sudhanshu Dhulia and Ravindra Bhat asked the ED "Can you act on...