Showing 1939 articles
Rebuttable Presumption under Section 139 of the Negotiable Instruments Act, 1881 in Cheque Dishonour Cases — Case Analysis
The case involves a dispute under the Negotiable Instruments Act, 1881, particularly focusing on Section 139, which creates a presumption of liability on the drawer of a cheque. The appellant, Rajesh Kathuria, challenged a complaint filed by the respondent, Naveen Chaudhary, alleging dishonor of a cheque for Rs.…
Last Seen Theory Alone Insufficient; Extra-Judicial Confession Before Police Considered Weak Evidence, Accused Acquitted in Wife’s Murder Case: Calcutta High Court
The Calcutta High Court has set aside the conviction of a man accused of murdering his wife, reiterating that suspicion, however strong, cannot replace proof beyond reasonable doubt. The Court held that the prosecution failed to establish a complete and reliable chain of circumstantial evidence necessary to sustain a…
₹2 Crore Penalty Awarded to Model for Bad Haircut at ITC Maurya Reduced to ₹25 Lakh: Supreme Court
The Supreme Court of India has delivered an important judgment clarifying how compensation should be assessed in consumer disputes under the Consumer Protection Act, 1986. The Court partly set aside an order of the National Consumer Disputes Redressal Commission that had awarded an unusually high compensation of ₹2…
Dowry Death Case Revived; In-Laws Directed to Face Trial in Andaman Mother–Child Tragedy: Calcutta High Court
The Calcutta High Court, sitting through its Circuit Bench at Port Blair, has set aside an order of discharge passed in favour of four in-laws in a tragic case involving the death of a young woman and her one-and-a-half-year-old daughter in Andaman. The Court held that there is sufficient material on record to proceed…
Anticipatory Bail Granted on Settlement Can Be Cancelled if Compromise Is Breached: Punjab & Haryana High Court
The Punjab and Haryana High Court recalled an anticipatory bail order granted in the year 2022, holding that an accused cannot secure bail on the basis of a compromise and later resile from solemn undertakings made to the Court. The judgment was delivered by Justice Sumeet Goel, who observed that such conduct amounts…
Jammu & Kashmir High Court Order Set Aside in NRI Custody Dispute, Case Remitted for Fresh Consideration: Supreme Court
The Supreme Court of India intervened in a long and emotionally charged child custody dispute between two Indian parents who had been living in Qatar. On 03 February, the Court set aside an order passed by the Jammu and Kashmir High Court which had granted custody of two minor boys to their mother, and directed the…
5/16 Share Upheld in 79-Property Family Partition Dispute; Dorairaj’s Appeals Dismissed: Supreme Court
A nearly four-decade-old family property dispute from Tamil Nadu reached its final conclusion when the Supreme Court of India dismissed two civil appeals filed by Dorairaj. The case revolved around agricultural lands owned by a joint Hindu family, and the judgment brought legal closure to a conflict that began in…
Membership Rights Restored in Mumbai Housing Society Dispute Over Peddar Road Flat: Supreme Court
The Supreme Court of India has resolved a long-standing dispute arising out of a cooperative housing society in Mumbai, holding that legal heirs of a tenant cannot be denied society membership merely due to delayed payment, especially when earlier resolutions of the society supported their induction. The Court…
Unproven Allegations of Adultery Cannot Be Ground to Deny Interim Maintenance under Domestic Violence Act: Delhi High Court
The Delhi High Court examined whether mere allegations of adultery, without supporting proof, can be a valid ground to deny interim maintenance to a पत्नी under the Protection of Women from Domestic Violence Act, 2005. The matter arose from a challenge filed by the husband against concurrent orders of the Magistrate…
Commentary on Physical Appearance of Accused and Limits on Coercive Process in Cheque Dishonour Cases under Negotiable Instruments Act, 1881: Delhi High Court
The Delhi High Court has granted interim protection to Rajeev Gupta, an accused in multiple cheque bounce cases, by restraining coercive action against him after he undertook to appear physically before the Trial Court. The order was passed by Justice Manoj Jain while disposing of a petition filed under Section 482…
