Advocates Club

Advocates Club Blog

Cheque Bounce / Criminal Law

SUPREME COURT OF INDIA – THE COMPENSATION IS STILL RECOVERABLE IN A CHEQUE BOUNCE CASE BY THE COMPLAINANT EVEN THOUGH THE ACCUSED HAS SERVED THE DEFAULT SENTENCE

The question that arose before the Hon’ble Supreme Court of India was that what happens to the money receivable by the Complainant in the form of Compensation when the Accused undergoes jail term, in default of the compensation, under such circumstances is the Compensation still recoverable by the Complainant? The Hon’ble Supreme Court observes that that the gravity of offences...

Criminal Law

SUPREME COURT OF INDIA – REGISTRATION OF FIR IS MANDATORY IF THE INFORMATION GIVEN TO THE POLICE DISCLOSES THE COMMISSION OF A COGNIZABLE OFFENCE

Date of Judgement: 06.01.2017 : What is necessary is only that the information given to the police must disclose the commission of a cognizable offence, in such a situation, registration of an FIR is mandatory. However, if no cognizable offence is made out in the information given, then the FIR need not be registered immediately and perhaps the police can conduct...

Cheque Bounce

If the signatures on the Cheques are admitted by the accused then the contentions raised by the accused that the amount and name of the drawee were not filled in by the accused does not have any force in the eyes of law

If the signatures on the cheques are admitted by the accused, it matters little if the name of the payee, date and amount are filled up at a subsequent point in time and therefore the contention raised by the accused that the amount and name of the Drawee were not filled in by the accused, does not have any force...

Criminal Law

A LIFE SENTENCE MEANS THE ACTUAL LIFE IMPRISONMENT FOR THE ENTIRE LIFE OF THE CONVICT

Life sentence is not limited to either 14 years, or 20 years, or even 25 years. A life sentence means the actual life imprisonment for the entire life of the convict. The same may be curtailed by the State by premature release. However, that is the discretion of the State Government to be exercised on the advice of the SRB...

Matrimonial Law

THE STATEMENTS AND ACTS WHICH CONSTITUTES AN ACT OF CRUELTY FOR SUSTAINING THE CLAIM FOR DIVORCE

FACTS OF THE CASE The reason for filing the divorce petition was that the wife had become cruel because of her highly suspicious nature and she used to level absolutely frivolous but serious allegations against Husband regarding his character and more particularly about his extra-marital relationship. Behaviour of the wife made life of the husband miserable and it became impossible...

Service & Labour Law

DELHI HIGH COURT – THE ONUS OF PROVING THE RELATIONSHIP OF EMPLOYEE AND EMPLOYER LIES UPON THE WORKMAN

Delhi High Court Date of Judgement: 20.09.2016 During the course of the hearing, the learned counsel for the workman/petitioner was asked to show if there is any document to prove that the petitioner was ever paid any monies by the respondent or any other document to prove that there was an employer–employee relationship between the workman/petitioner and the employer/respondent, but no...

Cheque Bounce

SUPREME COURT OF INDIA – WHETHER A POST-DATED CHEQUE GIVEN AS “SECURITY” AND MENTIONED IN THE LOAN AGREEMENT IS COVERED BY SECTION – 138 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881 OR NOT?

Supreme Court of India Date of Judgement: 19.09.2016 Whether the dishonour of a post-dated cheque given for repayment of loan installment which is also described as “security” in the loan agreement is covered by Section 138 of the Negotiable Instruments Act, 1881 or not? The agreement recorded that post-dated cheques towards payment of installment of loan (principal and interest) were...

Criminal Law

SUPREME COURT OF INDIA – WHETHER A PRIVATE PERSON CAN BE PERMITTED TO CONDUCT AND ENGAGE A PRIVATE COUNSEL IN SESSION COURT TRIAL AND MAGISTRATE COURT TRIAL OR NOT?

Supreme Court of India Date of Judgement: 06.09.2016 A private person can be permitted to conduct the prosecution in the Magistrate’s Court and can engage a counsel to do the needful on his behalf but as far as session trial is concerned the legislative intention is manifestly clear that prosecution in a Sessions Court cannot be conducted by anyone other...

Civil Law / Property Law

SUPREME COURT OF INDIA – IN THE ABSENCE OF A REGISTERED INSTRUMENT THE COURTS ARE NOT PRECLUDED FROM DETERMINING THE FACTUM OF TENANCY FROM THE OTHER EVIDENCE ON RECORD AS WELL AS THE CONDUCT OF THE PARTIES

Date of Judgement: 29.08.2016 : Non registration of the document would cause only two consequences. One is that no lease exceeding one year is created and the Second is that the instrument become useless so far as creation of the lease is concerned. Thus in the absence of registration of a document, what is deemed to be created is a...