Articles
24th Sep, 2015
The Supreme Court has held that when the drawer of the cheque who falls within the ambit of Section 138 of the Act is a human being or a body corporate or even firm, prosecution […]
24th Sep, 2015
The parameters for grant of bail and cancellation of bail are entirely different. Bail granted under Section 439(1) of the CrPC can be cancelled where the accused: Misuses his liberty by indulging in similar criminal […]
24th Sep, 2015
As per both, Section 311 CrPC and Section 138 Evidence Act for the purposes of criminal trial, the order of re-examination at the desire of any person under Section 138, will have to necessarily be […]
24th Sep, 2015
Relative of Husband can be made party to proceedings under Domestic Violence Act before Family Court
Bombay High Court in a Judgement has held that family Court, entertaining proceedings under Domestic Violence Act, would be governed by the definition of ‘Respondent’ under the Domestic Violence Act and not under the Family Court Act
24th Sep, 2015
Notice under Section 138 N I Act is required to be given to the ‘drawer’ of the cheque so as to give the drawer an opportunity to make the payment and escape the penal consequences. […]
15th Sep, 2015
The burden of showing the stipulations and terms of the contract and that the minds were in consensus lies on the plaintiff. If the stipulations and terms are uncertain, and the parties are not ad […]
15th Sep, 2015
Court should not adopt a lenient approach when employee holding a position of trust acts contrary to rules and such misconduct causes financial losses to the employer
14th Sep, 2015
The expression “may, if it thinks fit” occurring in Section 438(1) of the Code of Criminal Procedure (Code), gives discretion to the Court to exercise the power in a particular case or not, and once […]
14th Sep, 2015
In case of circumstantial evidence, court has to examine the entire evidence in its entirety and ensure that the only inference that can be drawn from the evidence is the guilt of the accused.
14th Sep, 2015
Where the plaintiff brings a suit for specific performance of contract for sale, the law insists upon a condition precedent to the grant of decree for specific performance that the plaintiff must show his continued […]
6th Sep, 2015
The Supreme Court has ruled that the Court, at no stage, can act blindly or mechanically. While enabling the Court to pronounce judgment in a situation where no Written Statement is filed by the defendant, […]
6th Sep, 2015
In a writ before the Supreme Court,a declaration was sought that Section 364A inserted in the Indian Penal Code (IPC) by Act 42 of 1993 was ultra vires the Constitution to the extent of prescribing […]