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Civil Law

SUPREME COURT OF INDIA – EVEN AFTER EXECUTION OF FULL AND FINAL DISCHARGE VOUCHER/RECEIPT/NO DUE CERTIFICATE A PARTY CAN CLAIM FURTHER

Supreme Court of India Date of Judgement: 14.01.2011 Even after execution of full and final discharge voucher/receipt by one of the parties, if the said party able to establish that he is entitled to further amount for which he is having adequate materials, is not barred from claiming such amount merely because of acceptance of the final bill by mentioning “without prejudice” or by issuing ‘No...

Civil Law

SUPREME COURT OF INDIA – WHETHER THE DEFENDANT CAN BE PERMITTED TO AMEND THE WRITTEN STATEMENT?

Supreme Court of India Date of Judgement: 09.10.2009 On amendments the principles which ought to be taken into consideration while allowing or rejecting the application for amendment are as follows:- Whether the amendment sought is imperative for proper and effective adjudication of the case; Whether the application for amendment is bona fide or mala fide; The amendment should not cause...

Cheque Bounce

Supreme Court Of India – A Cheque issued from the account of guarantor as Security also would fall within the purview of Section 138 of NI Act

The security cheques also would fall within the purview of the Section 138 of NI Act and a person could not escape his liability, as such, when there is existence of debt on the date of presentation of the cheque and the security cheques issued are dishonoured, the accused would be liable under Section 138 of NI Act.