Tagged: Supreme Court of India

A collection of all the Judgements of Supreme Court of India.

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...

When can a Director be Held Liable for Cheque Bounce Offences under Section 138 of Negotiable Instrument Act?

A Company must have numerous Directors however, it is not necessary that all Directors must be engaged in the day to day affairs of the Company and therefore, the Directors who have not signed a cheque on behalf of the Company cannot be prosecuted U/s 138 of Negotiable Instruments Act. The Apex Court in numerous judgments, held that a Director...

No Offence is Made Out Against Dishonor of Cheque Presented Without Endorsing Part Payments Made Before Presentation of the Cheque

Can a cheque be presented for encashment if the holder of cheque has received part payment from the drawer before presentation of the cheque? The answer to the above question is that a cheque can be presented for encashment by the holder of the cheque even if the part payment has been received by the holder after the issuance of...

Divorce Settlement and its Enforceability

DIVORCE can be a deeply challenging and emotionally charged process. Understanding how to negotiate a fair divorce settlement, both inside and outside the court, is crucial for ensuring a just outcome for all involved. This article explores the mechanisms and considerations of divorce settlements, bolstered by recent judicial rulings and practical advice. The grounds for divorce under Section 13 of...

FAQ on Non-Compete Clauses During Employment

In today’s fiercely competitive global market, businesses often employ various legal tools to safeguard their proprietary information and market position. Among these tools, the non-compete clause stands out as a critical mechanism embedded within employment contracts. This clause regulates the post-employment activities of employees, aiming to shield employers from potential harm that could arise from former employees joining competitors or...

FAQ on Notice Period During Employment

A notice period is the duration of time an employee is required to continue working for their employer after they have formally resigned from their position, but before their employment officially ends. This period allows for a smooth transition, enabling the employer to find a replacement or make other necessary adjustments. Employee’s right to resign: In the case of Sanjay...