Negotiable Instruments Act
‘Error in writing the correct figure in words would not make the cheque invalid’; Delhi High Court sets aside discharge order
Overwriting of the date on the cheque has not been considered as a material interpolation meriting dishonour of the cheque.
Can a complaint under S. 138 of N.I. Act be transferred from one Court to other for lack of territorial jurisdiction of Court? SC answers
For the purpose of transfer of any case or proceedings under Section 406 of the CrPC, the case must fall within the ambit of the expression “expedient for the ends of justice”.
CrPC bars review power under Sections 362 & 397(3); Rajasthan High Court dismisses petition as de facto review attempt
The Court held that the petition was effectively a review in disguise, which is barred under Section 362 CrPC and cannot be entertained.
2024 SCC Vol. 8 Part 4
Energy, Power and Electricity — Electricity — Generation and Transmission/Supply/Distribution of electricity
In case of no settlement or compromise between parties, Lok Adalat to return matter to Court for disposal: Gujarat HC reiterates
In the case at hand, no settlement was arrived at between the parties and the matter was disposed of in the Lok Adalat by exercising the power under Section 256 of CrPC.
2024 SCC Vol. 4 Part 3
Appellate Jurisdiction under Section 37(2) of the Arbitration Act: Jurisprudence on the setting aside awards under Section 34 of the Arbitration Act
Resolution versus Penalisation: Is IBC Deviating from its Purpose?
by Shekhar Raj Sharma* and Akshita Grover**
Supreme Court upholds acquittal in 16-year-old cheque dishonour case; Says complainant failed to show if any sum was advanced towards financial assistance
“Both the appellate fora, on-going through the evidence did not find existence of any ‘enforceable debt or other liability’. This strikes at the root of the Rajco Steel’s case”
S. 143-A NI Act| Factors laid down by SC for exercising discretion in payment of interim compensation in cheque dishonour cases
“If the word ‘may’ is read as ‘shall’, it will have drastic consequences, as in every complaint under Section 138, the accused will have to pay interim compensation up to 20 per cent of the cheque amount and such an interpretation will be unjust and contrary to the well-settled concept of fairness and justice, exposing the provision to the vice of manifest arbitrariness.”
2024 SCC Vol. 1 Part 3
Penal Code, 1860 — S. 302 or 304 Pt. II r/w S. 300 Exceptions 1 & 4 — Murder or culpable homicide:
2023 SCC Vol. 10 Part 5
Civil Procedure Code, 1908 — S. 11 — Res judicata: Only determinations which are essential or fundamental to the substantive decision, and
Appeal against order of acquittal u/s 138 of Negotiable Instruments Act, 1881 lies to High Court u/s 378(4) of CrPC: Chhattisgarh High Court
“Any allegation made orally or in writing to a Magistrate that some person, has committed an offence, will fall within the meaning of ‘complaint’. Pertinently, the definition specifically excludes a police report.”
‘A case of persistent disregard for judicial directives’; Read Why Supreme Court imposed Rs. 5 Lakhs costs on accused under S. 138 of NI Act
“An individual’s nonchalant attitude towards financial responsibilities and Court orders can undermine the essence of judicial efficacy.”
2023 SCC Vol. 10 Part 1
Corporate Laws — Company Law — Winding up and Liquidation — Overriding preferential payments: Dues towards customs duty i.e. government dues falling
Whether debt was barred by limitation or not in cheque bounce cases, is a question of evidence: SC
“The question of debt barred by limitation is to be decided on basis of evidence as, limitation is a mixed question of law and fact”.
Glenmark Pharmaceuticals Limited v. State of Tripura: A case comment
by Dormaan Jamshid Dalal* and Varun Rajiv Joshi**
2023 SCC Vol. 4 Part 3
Coal Bearing Areas (Acquisition and Development) Act, 1957 — Ss. 2(d), 9, 10, 11 and 18(a) — Demand towards premium of government
Compilation of Important Judgments of Supreme Court and High Courts regarding Section 138 of the Negotiable Instruments Act, 1881
by Swarnendu Chatterjee† Anwesha Pal†† and Yashwardhan Singh†††
Cite as: 2023 SCC OnLine Blog Exp 11