Misconduct and Disciplinary Action – Petitioner faced charges of unauthorized absence, misbehaviour, and irregularities, leading to suspension and disciplinary action including barring of increments – Original application to KAT challenging the penalty imposed was dismissed. [Paras 2, 3]
Judicial Review of Tribunal's Order – Petitioner sought High Court intervent...
Quashing of Criminal Proceedings – Cheque Bounce – Criminal Appeal against High Court and lower courts' conviction under Section 138 of the Negotiable Instruments Act, 1881 – Supreme Court quashes conviction, holding that civil court's decree on the same cheque being only a security renders the criminal proceedings unsustainable. [Paras 1-13]
Interaction Betw...
Criminal Law – Negotiable Instruments Act – Compounding of Offence – In the case of Devender Sharma versus State NCT of Delhi & Anr, the High Court of Delhi, presided by Hon'ble Mr. Justice Manoj Jain, dealt with a revision petition under Section 397, read with Sections 401 & 482 of Cr.P.C., challenging the conviction and sentence under Section 138 of the Negotiable I...
Banking Law - Jurisdictional Conflict – Securitisation Act vs. Kerala State Fishermen Debt Relief Commission Act – The core issue is whether the KSFDRC can interdict actions taken under the Securitisation Act by a secured creditor – [Paras 1, 4].
Overriding Effect of Securitisation Act – Determination – The Court finds that Section 35 of the Securitisatio...
Criminal Law – Bail Under UAPA – Supreme Court Reverses High Court's Bail Grant – Appellant challenged High Court's order granting bail to accused charged with offenses under IPC and UAPA related to activities of Popular Front of India (PFI) – Accused were allegedly involved in promoting terrorism, imparting weapon training, and conspiring to establish Islamic rule ...
Criminal Procedure – Revision of Order – Section 311 Cr.P.C. – Court examined the petitioner's application under Section 311 of the Criminal Procedure Code for the recall and examination of defense witnesses in a case involving Section 138 of the Negotiable Instruments Act. The petitioner sought to set aside the orders of lower courts, which dismissed his application for the ...
Criminal Procedure – Appeal Against Acquittal – Section 378(4) CrPC –challenge against the acquittal of the respondent in a case under Section 138, 142 of the Negotiable Instruments Act, 1881 and Section 420 IPC. The application sought to reverse the order of acquittal by the Judicial Magistrate on the grounds of misuse of cheque and insufficiency of funds. [Para 1, 2]
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Issue of Interpretation of Section 148 of N.I. Act – Concerns appellate court’s discretion in ordering payments pending appeal against conviction under Section 138 of N.I. Act – Requirement for reasons supporting appellate court’s order [Para 1].
Section 148 of Negotiable Instruments Act – Interpretation and Application – Held – Appellate Court possesse...
Criminal Revision – Discharge Application – Section 138 of the Negotiable Instruments Act – addressed the application filed under Section 482 of the Criminal Procedure Code (Cr.P.C.), seeking quashing of the order and proceedings in a complaint case under Section 138 of the Negotiable Instruments Act. [Para 2, 12]
Factual Background – The applicant, f...
Negotiable Instruments Act, 1881 – Section 143A – Exercise of Power – Discretionary nature – Held, the exercise of power under Section 143A(1) is discretionary, not mandatory. The Court must engage in a prima facie evaluation of the merits of the case and consider the accused’s financial distress and other relevant factors before directing payment of interim compensat...