Tagged: Supreme Court of India
A collection of all the Judgements of Supreme Court of India.
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...
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...
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....
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,...
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...
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...
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...
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...
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...