2022 SCC Vol. 10 Part 2
Arbitration and Conciliation Act, 1996 — Ss. 14(1)(a) and 2(1)(e) r/w Ss. 11(5) and 11(6) — Application seeking termination of
Negotiable Instruments Act
A Man of Vision and Action- CJI Uday Umesh Lalit Retires
by Sucheta Sarkar†
2022 SCC Vol. 9 Part 1
Income Tax Act, 1961 — Ss. 260-A, 269 and 120 — Appropriate High Court for filing appeal or reference against
Karnataka HC | Simply in order to dispose of cases, Courts should not dismiss complaints where the presence/attendance of the complainant is not an essential requirement
Karnataka High Court: While deciding the instant appeal for restoration assailing the order passed by the Trial Court wherein the
Madras High Court| Directors cannot escape criminal liability on the ground that they are not directly involved in the production of sub-standard Pharma products
Madras High Court: In a petition filed under Section 482 of Code of Criminal Procedure (CrPC) to quash the criminal complaint filed
Dishonour of Cheques| Section 138 NI Act would not attract if cheque does not represent a legally enforceable debt at the time of encashment
Supreme Court: In the case where the Supreme Court was called upon to decide whether the offence under Section 138 of the
Can post-dated cheque issued for repayment of principal amount be taken as unqualified admission of debt? NCLT Allahabad decides
National Company Law Tribunal, Allahabad (NCLT): The bench of Rajasekhar V.K., Judicial Member and Virendra Kumar Gupta, Technical Member decided that for
Presumption against signatory of a Cheque, Plea of lost cheque to be proved at trial: Del HC refuse quashing of summoning order for S. 138 NI Act offence
Delhi High Court: Asha Menon, J. refused to allow a petition filed under Section 482 CrPC seeking quashing of summoning order passed
Supreme Court May 2022 Roundup: Sedition Law; Forcible vaccination; Shivling in Gyanvapi Mosque; Navjot Singh Sidhu’s imprisonment; Shared Household and more
Unmissable Stories Sedition Law under scanner| All pending cases to be kept in abeyance; Centre/States urged not to register fresh cases till
Obligation of Thumb Impression and Signature, both, for a Pro-Note under Negotiable Instruments Act: Mandatory or Not? Read Madras HC’s verdict
Madras High Court: Teekaa Raman, J., observed that there is no mandatory provision under the Negotiable Instruments Act that both the signature
[NI Act] Kar HC decides contours of law in a classic case where cash of Rs 2 crore was borrowed as hand loan and a cheque obtained for the repayment of the same got dishonoured
Karnataka High Court: M. Nagaprasanna, J. allowed the petition and quashed the impugned order regarding attachment of property and auction notification. The
Dishonour of Cheque | If a cheque is not honoured by issuer and even after a legal notice he doesn’t pay, he is bound to face criminal trial: Del HC
Delhi High Court: Rajnish Bhatnagar, J., dismissed a matter revolving around the dishonour of cheque under Section 138 of the Negotiable Instruments
Appellate Courts where appeals are pending against judgments in complaint under S. 138 NI Act to make an effort to settle dispute through mediation: Bom HC issues Practice Directions
In compliance with the Supreme Court’s decision dated 16-4-2021, passed in (2021) 10 SCC 598 “In Re: Expeditious Trial of Cases under
Dishonour of Cheque occurring when parties entered in an illegal and void agreement: Can Court still take cognizance in S. 138 NI Act complaint? Dwarka Court decides
Dwarka Court, New Delhi: Shipra Dhankar, MM (NI Act) on noting that the dishonour of cheque occurred in consequence of an illegal
[S. 138 NI] Telangana HC | A joint account holder cannot be prosecuted unless and until he/she is a signatory to subject cheque
Telangana High Court: Shameem Akhter J. allowed criminal petition and quashed the proceedings against the petitioner/A.2 on the ground that it is
SCC Snippets| Dishonour of Cheque: Principles relating to presumption under Section 139 NI Act
The bench of Ashok Bhushan* and KM Joseph, JJ, in Basalingappa v. Mudibasappa (2019) 5 SCC 418, lucidly summarized the following principles relating to the
For summoning accused under S. 138 NI Act, recording of statements under Ss. 200 and 202 is required? All HC decides
Allahabad High Court: Sameer Jain, J., decided that whether for summoning an accused under Section 138 of Negotiable Instruments Act, 1881, recording
All HC | Can complaint under S. 138 NI Act be quashed for failure to disclose date of service of notice? Court says it is a matter of evidence
Allahabad High Court: Vivek Varma, J., refused to quash a complaint case filed under Section 138 NI Act and directed the trial