Possession and Part Performance: Stamp Duty Compliance Is Non-Negotiable, Says Delhi High Court Calcutta High Court Declares Disciplinary Action as ‘Shockingly Disproportionate’, Orders Reduction in Rank for Petitioner No Profits, No Deduction — Section 33AC Must Precede 80-I Calculation in Shipping Tax Disputes: Bombay High Court Equity and Merit Must Coexist: Kerala High Court Rules on Regularisation of Temporary Forest Department Employees Lawyers Have No Right to Strike: Madras High Court in Contempt Case Encroachment is like committing a 'dacoity' against public resources: Delhi High Court. High Court Rejects Plea of Kindergarten School Against ESI Contribution Assessment Kerala High Court Quashes Rape Proceedings Citing 'Humanitarian Consideration' After Accused Marries Victim Procedural Delays Do Not Justify Condonation of Delay," Rules Delhi Consumer Commission in National Insurance Case Elements of Section 300 IPC Are Not Made Out: Rajasthan High Court Quashes Murder Conviction in 1987 Beating Case Registrar Cannot Be a Judge of His Own Cause: Punjab and Haryana High Court Quashes Amendments MP High Court Upholds Prosecution for Forged Patta: 'Accountability in Public Office is Non-Negotiable Approval Must Be Granted for Altruistic Kidney Donations," Rules Madras High Court Grave Illegality in Appellate Remand: High Court of Rajasthan Orders Reassessment on Merits Commissioner Lacked Authority for Retrospective Cancellation: Punjab & Haryana High Court Restores Educational Trusts' Registrations Intent is Crucial in Violent Crimes: Single Blow with Axe Does Not Imply Attempt to Murder," Rules Madhya Pradesh High Court

"CHEQUE BOUNCE" Digest

Negotiable Instruments Act – Cheque Dishonour – Presumption under Sections 118 and 139 – The petitioner was convicted for issuing a cheque, which was dishonoured for insufficient funds, towards the payment of apple packaging material purchased from the respondent. The trial court and the appellate court both found the petitioner guilty under Section 138 of the Negotiable Instrume...

Negotiable Instruments Act – Complaint filed by Power of Attorney Holder in their own name – Not Maintainable – A power of attorney holder cannot file a complaint under Section 138 of the N.I. Act in their own name but may do so on behalf of the payee or holder in due course. The complaint is invalid unless the power of attorney holder has personal knowledge of the transaction, a...

Service Law – Recruitment Process – Petition challenging recruitment and transfer process for Range Forest Officers – Petitioner ineligible based on service duration at notification time – Tribunal's dismissal upheld – High Court emphasizes strict adherence to eligibility criteria and procedural rules in recruitment [Paras 1-11]. Public Service Commission Rules...

Dishonor of Cheque – Acquittal - Presumption Under Section 139 NI Act – Leave to Appeal Denied – The petitioner appealed an acquittal in a Section 138 NI Act case, asserting that the respondent issued a dishonored cheque to repay a loan. Held: Section 139 of the NI Act creates a presumption in favor of debt or liability. However, this presumption is rebuttable, and the accused ne...

Negotiable Instruments Act, 1881 – Section 138 – Conviction – Deposit Condition under Section 148 – Authorized Signatory's Liability - Authorized Signatory Liability – Deposit Condition Quashed -  appellant, an authorized signatory/director of M/s. Gee Pee Infotech Pvt. Ltd., challenged the requirement to deposit 20% of the fine amount as a condition for susp...

Negotiable Instruments Act – Dishonour of Cheque – Appellant/complainant alleged issuance of cheque for payment of goods supplied – Cheque dishonoured due to insufficient funds – Trial court convicted accused – Sessions court acquitted accused, citing lack of reliable evidence and procedural lapses – High Court upheld acquittal [Paras 1-16].   Section...

Quashing of FIR under Section 174-A IPC – Settlement in Main Case under Section 138 of Negotiable Instruments Act – Abuse of Process – Once the primary complaint under Section 138 of the Negotiable Instruments Act was amicably settled, and the complaint was withdrawn, continuation of proceedings under Section 174-A IPC was deemed an abuse of process – Held: FIR and subseque...

Negotiable Instruments Act – Dishonour of Cheques – Petitioner issued cheques to the respondent which were dishonoured due to insufficient funds – Legal proceedings under Section 138 of the NI Act initiated – Settlement agreement reached, but petitioner failed to comply fully – Respondent invoked Section 421 of the Cr.P.C. for enforcement – Court upheld the enfo...

Negotiable Instruments Act – Section 138 – Dishonour of cheque – Notice – Petitioners challenged the maintainability of complaints against them due to lack of individual notice – High Court held that notice to the Trust through its Trustees was sufficient, deeming all Trustees to have been served – Complaints were considered maintainable as per the statutory req...

  Section 138 of Negotiable Instruments Act – Cheque Dishonour – Conviction and Sentence – The accused was convicted for issuing a dishonoured cheque of ₹7,35,375/- to discharge his liability, and sentenced to simple imprisonment of one year with compensation to the complainant – The conviction was affirmed by the appellate court [Paras 2-5].   Compromi...