Negotiable Instruments Act, 1881; Section 138, 139 -Even if a blank cheque leaf is voluntarily signed and handed over by the accused towards some payment would attract the presumption under Section 139 of the Act and in the absence of any cogent evidence to show that the cheque was not issued in discharge of the …
K Ramesh vs K Kothandaraman SLP(Crl) 3377 Of 2019 – S 139 NI Act – Blank Cheque Leaf Read More »
Practice and Procedure – The approach of the State of taking the side of the husband in a maintenance case, to say the least, is very strange. In fact, the learned counsel, who appeared for the State was under a duty and obligation to act as an officer of the Court and to assist the …
Asiya Khan vs State Of UP CrA 824 Of 2024 – Maintenance Cases – State Role Read More »
Indian Penal Code, 1860; Section 498A – Neighbours of the family of the husband who are not relatives of the husband cannot be implicated in any offence punishable under Section 498A of the IPC – reference to the word “relative” in Section 498A, IPC would be limited only to the blood relations or the relations …
Karnataka Stamp Act ; Section 33,34- There is no power conferred on the Courts to direct payment of penalty and it is the power of the appropriate authorities under the Karnataka Stamp Act to impose penalty [In this case, he Executing Court directed penalty to be paid on account of non-payment of stamp duty on …
Shakeel Pasha vs City Max Hotels India Pvt Ltd CA 2139 Of 2024 Read More »
Motor Accident Compensation Claims – Contributory Negligence – When the lorry was standing in the middle of the road on which it was not supposed to be stationed at midnight and the jeep in question came from behind hitting the same, resulting in the death of the deceased, we do not find that the driver …
Code Of Criminal Procedure, 1973; Section 437 – Section 437 would come into play when the accused is arrested or detained or when the summons or warrant is issued against the accused for causing him to be brought or to appear before the Court. In absence of any order for issuance of summons or warrant …
Souvik Bhattacharya vs Enforcement Directorate SLP(Crl) 14476 Of 2023 – S 437 CrPC Read More »
Interpretation Of Statutes – Expropriatory legislation- Provisions are to be strictly construed and cannot be applied to a land by implication or through an inference. (Para 13)
Advocates – State of Uttar Pradesh has agreed to set up a machinery which will ensure that the lawyers representing the State Government will be paid their fees promptly. We hope and trust that the State will not create a situation, where an Advocate representing the State is required to approach the Court for recovery …
Practice and Procedure- Roster – Due weightage must be given to protect the purity of the judicial process, particularly when departure from the usual process of assignment of case by the Chief Justice is noticed – Justice should not only be done but seen to have been done. The fairness and the transparency in the …
KKSSR Ramachandran vs State – Practice & Procedure – Roster Read More »
Practice and Procedure – Criminal Appeal – When Advocate for the appellant was not present, two courses were open for the High Court : One was to examine the merits of the case and decide it on merits. But in such a case, the judgment must show application of mind after considering the evidence of …
Vishnu @ Pappu vs State Of Uttar Pradesh SLP(Crl) 12747 Of 2023 – Criminal Appeal Read More »