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No Need For Pre-Cognizance Summons To Accused In S.138 NI Act Case : Supreme Court Issues Directions For Speedy Trial Of Cheque Bounce Cases
In a significant judgment, the Supreme Court held that an accused need not be heard at the pre-cognizance stage of complaints filed for dishonour of cheque as per Section 138 of the Negotiable Instruments Act.The Court agreed with the Karnataka High Court's judgment in Ashok Vs. Fayaz Aahmad, that there is no requirement to issue summons to the accused at the pre-cognizance stage under...
S.138 NI Act - Cheque Bounce Case Maintainable Even For Cash Loan Above ₹20,000 : Supreme Court Sets Aside Kerala High Court Ruling
The Supreme Court on Thursday (September 25) set aside the judgment of the Kerala High Court which held that a debt created by a cash transaction above Rupees Twenty Thousand in violation of the Income Tax (IT) Act, 1961 cannot be considered as a "legally enforceable debt" under Section 138 of the Negotiable Instruments Act.A bench comprising Justice Manmohan and Justice NV Anjaria,...
'Interest Charged By Builder Can Be Granted To Buyer' : Supreme Court Enhances Interest Payable On Delayed Handover Of Plot
In an interesting order, the Supreme Court granted relief to homebuyers by enhancing interest from 9% to 18% for the delayed handover of a plot possession, observing that a builder who imposes 18% interest on buyers for delayed payments cannot evade the same liability when failing to deliver possession on time to the consumer. “there is no principle of law that interest in default charged...
Offences Of 'Cheating' & 'Criminal Breach Of Trust' Cannot Co-Exist On Same Allegations : Supreme Court
The Supreme Court observed that the offence of criminal breach of trust and cheating cannot co-exist on the basis of same allegations. The Court said that the offence of cheating (S.420 IPC/S.318 BNS) involves criminal intention from inception; however, for criminal breach of trust (S.406 IPC/S.316 BNS), there is lawful entrustment at the beginning, which is later misappropriated.So, both...
BREAKING| Supreme Court Reserves Judgment On Judicial Officers' Eligibility For District Judge Direct Recruitment In Bar Vacancy
The Supreme Court Constitution Bench today reserved its decision on the issue of whether a judicial officer, who has already completed 7 years in the Bar, is entitled to be appointed as a District Judge against the Bar vacancy.The 5-judge bench of Chief Justice of India BR Gavai, Justices MM Sundresh, Aravind Kumar, SC Sharma and K Vinod Chandran considered the matter.The bench has...
Maintenance & Welfare Of Senior Citizens Act | Age To Be Determined Based On Date Of Application : Supreme Court
The Supreme Court has clarified that the relevant date to determine whether a person qualifies as a “senior citizen” under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is the date of filing of the application before the Maintenance Tribunal, not the date of adjudication.A Bench of Justices Vikram Nath and Sandeep Mehta held so while allowing the appeal of...
Sameer Wankhede Files Defamation Suit In Delhi High Court Against Aryan Khan's Netflix Series 'Ba***ds of Bollywood'
IRS Officer Sameer Wankhede has filed a defamation suit before the Delhi High Court against Red Chillies Entertainment, Netflix and others over allegedly defamatory portrayal of him in the new Netflix series “Ba***ds of Bollywood”, directed by Aryan Khan.Wankhede has sought Rs. 2 crores as damages which will be donated to Tata Memorial Cancer Hospital for the treatment of Cancer...
'Very Erection Of Babri Masjid Was A Fundamental Act Of Desecration': Ex-CJI DY Chandrachud Contradicts Ayodhya Judgment Finding
Former Chief Justice of India DY Chandrachud has stirred a controversy on the Ayodhya dispute with his remark that the very erection of the Babri Masjid was the fundamental act of desecration.The Fomer CJI made the observation during an interview with Newslaundry journalist Sreenivasan Jain, excerpts of which were shared on social media. Responding to a question on whether the Hindu parties...
'Abusing Community Leader Not Insult To Religion': Bombay High Court Quashes FIR U/S 295A IPC For Insulting Maratha Leader Manoj Jarange
A person may represent a religion in certain ways but s/he does not become a 'religion' himself, the Bombay High Court observed while holding that any abuse or use of disrespectful words for a socio political figure cannot be equated with insult to faith.A division bench of Justices Vibha Kankanwadi and Hiten Venegavkar, sitting at Aurangabad, quashed an FIR lodged against a man, booked...
Supreme Court Forms Committee Led By Justice Sudhanshu Dhulia To Determine Encroachment Extent In Obulapuram Mining Case
The Supreme Court recently appointed Justice Sudhanshu Dhulia, a former judge of the Supreme Court, as the Chairman of the Committee to fix the boundaries of the leased areas and the reserved forest areas to examine the extent of illegal encroachment and mining and other unauthorised activities in the Obulapuram mining case in the State of Andhra Pradesh. In this case, former Tourism...