Advocates Club Blog

ONCE SETTLED THROUGH MEDIATION, CONSENT CANNOT BE WITHDRAWN: SUPREME COURT ON MUTUAL DIVORCE

Can a spouse withdraw his/her consent for mutual divorce and refuse to sign the second motion petition once the disputes are settled through a mediation settlement agreement? The issue was recently addressed by the Hon’ble Supreme Court of India in its judgment dated 13.04.2026 titled as “DHANANJAY RATHI Vs. RUCHIKA RATHI” wherein the Court categorically held that once parties have...

NO ROOM FOR ERROR: SUPREME COURT INVALIDATES CHEQUE BOUNCE NOTICE ON ‘AMOUNT MISMATCH’ AND QUASHES CRIMINAL COMPLAINT

The Hon’ble Supreme Court of India in its recent judgment dated 19.09.2025 titled “KAVERI PLASTICS Vs MAHDOOM BAWA BAHRUDEEN NOORUL” dealt with a crucial issue regarding the validity of Notice U/s 138 of the Negotiable Instruments Act, 1881 if the amount demanded in the Notice differs from the amount for which the cheque was issued and whether such discrepancy can be...

WORKPLACE DECIDES THE COURT: A SIMPLE RULE IN LABOUR LAW

This legal analysis pertains to the judgment in Shri Shailender Kumar vs. The Secretary (Labour) & Anr., delivered by the Delhi High Court on October 12, 2015. The primary legal question addressed in this writ petition was whether the Labour Courts in Delhi had the territorial jurisdiction to entertain an industrial dispute when the workman’s initial appointment and certain administrative...

NO STAY ON CHEQUE BOUNCE PROCEEDINGS: DIRECTORS LIABLE DESPITE INITIATION OF INSOLVENCY PROCEEDINGS

It is a well-recognized law that in cheque bounce cases, not only the company on whose behalf a cheque is issued but also the signatory of the cheque and other individuals engaged in the day to day affairs of the company are held liable in criminal complaint filed under Section 138 r/w 141 of the Negotiable and Instruments Act, 1881....

RIGHT OF SPOUSES TO CLAIM ALIMONY IN VOID MARRIAGES

Maintenance, in legal context, refers to an individual’s right to financial support to ensure a dignified standard of living. The objective of maintenance laws is to prevent financial hardship and ensure that dependents are not left without means of sustenance. Maintenance rights have been recognized by various Laws in India under distinct provisions: Among these provisions, the Hindu Marriage Act,...

Effects and Legal Recourse for Non-Compliance with Settlement in Cheque Bounce Cases

With the surge in electronic monetary transactions and the increase in issuance of cheques during business dealings, there has been a corresponding increase in criminal complaints filed under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the NI Act), commonly known as cheque dishonour or cheque bounce cases. In examining the statutory framework governing the settlement...

Misuse of Section 498-A of IPC by Women – Incriminating Innocent Persons

Section 498-A of Indian Penal Code was introduced with the aim of criminalising cruelty against women by their husband and his relatives, ensuring protection and justice for victims of domestic violence. However, an alarming trend has emerged where the provision is being misused by some women to settle personal scores with their husbands and relatives. This has led to a...

Timeline for Filing Written Statement in Civil and Commercial Suits

A written statement is a formal response filed by a person to address the claims made in a suit against him. It is the first step through which a person against whom a suit has been filed present his defence either by denying the allegations set forth in the suit or by admitting them. The timelines for filing a written...

The Invalidity of Unilateral Appointment of Arbitrators: Safeguarding Impartiality in Business Dispute Resolution

Arbitration is a widely recognized formal method of dispute resolution involving a neutral third party known as “Arbitrator” who makes a binding decision in the matter. Arbitration offers a time effective alternative to the Court proceedings which are often time consuming. As Legal proceedings in Courts are time consuming therefore, arbitration has become a preferred choice for resolving disputes in...