Legal Notice Archives

Never Reported Judgment | Charge of contempt of court must be established beyond all reasonable doubt; alleged contemnor must be given the benefit of presumption of innocence [(1953) 1 SCC 726]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on contempt of court.

Delhi Court acquits accused under Section 138 NI Act on failure to establish debt adjustment

The complainant woefully failed to account for the amount of Rs 6,11,071/- which was due on him towards the accused. Therefore, it cannot be said that the amount represented on the cheque in question was a legally recoverable debt.

Case Briefs High Courts

Proceedings under S. 498-A IPC cannot be quashed simply because it was filed after receipt of divorce notice: Karnataka High Court

It was stated that decision of the co-ordinate Bench of the High Court in Naresh Gundyal v. State on same issue, defeats the very object of S. 498-A, IPC and Domestic Violence Act, 2005.

Case Briefs District Court

What is the consequence of complainant’s failure to explain the occasion for issuance of cheque in his favour? How does it affect S. 138 NI Act complaint? Del Court answers

South-West, Dwarka, Delhi: Mridul Gupta, Metropolitan Magistrate –09, on noting a very weak case of the complainant and not being able to

Case Briefs District Court

Presumption and Rebuttal under NI Act: Read Court’s verdict discussing onus of proof and nature of defence where “payment stopped by drawer”

Additional Chief Metropolitan Magistrate, Mayo Hall Unit, Bengaluru: Vani A. Shetty, XVII Additional Judge, Court of Small Causes & ACMM, addressed a

Case Briefs District Court

Law on S. 138 NI Act | Cheque dishonored, case filed under S. 138 NI Act: Can borrower raise defense that lender had no financial capacity to lend money? Complete report on ruling by Tis-Hazari Courts

Tis Hazari Courts, New Delhi: Devanshu Sajlan, MM NI Act-05, while noting the ingredients of Section 138 of the Negotiable Instruments Act,

Case Briefs High Courts

All HC | Summons sent to Director for dishonour of cheque under S. 138 NI Act, without prosecution against the Company. Is it permissible? Court answers

Allahabad High Court: Ravi Nath Tilhari, J., addressed a matter wherein a person being the director of the company signed a cheque

Case Briefs District Court

Amazon to pay Rs 45000 for rowing back on confirmed order for laptop by Law student, can’t evade responsibility when it allowed ‘Rockery Marketing’

State Consumer Dispute Redressal Commission, Odisha (SCDRC): Dr D.P. Choudhury (President) modified the compensation amount awarded to a Law Student in light of

Case Briefs High Courts

[Dishonour of Cheque] MP HC | Director/MD/JD/other officers and employees of a company can not be prosecuted under S. 138 of NI Act unless the company is impleaded as an accused

Madhya Pradesh High Court: Rajendra Kumar Srivastava, J., while addressing a matter with regard to dishonour of cheque held that, Director/Managing Director/Joint Director/other

Case Briefs High Courts

P&H HC | Compassionate appointment not to be provided to the dependents when a claim was made after attaining age of majority but application had become time barred

Punjab and Haryana High Court: Ritu Bahri, J. partly allowed the petition with the directions that the petitioner was entitled to compensation

Case Briefs Tribunals/Commissions/Regulatory Bodies

CCI | Snapdeal is part of vertical distribution chain, not merely marketplace facilitating interaction between buyers and sellers

Competition Commission of India (CCI): The Bench of Ashok Kumar Gupta, Chairperson and Augustine Peter and U.C. Nahta, Members closed a case