Showing 1939 articles
High Court Upholds Conviction in Section 138 Negotiable Instruments Act Case for Dishonored Cheque – High Court of Karnataka
Background of the Case The High Court of Karnataka at Bengaluru recently heard Criminal Revision Petition No. 1536 of 2023, filed by Smt. Safiya, challenging the concurrent judgments of the Civil Judge & JMFC, NR Pura in CC No. 276/2020 and the Principal District and Sessions Judge, Chikkamagaluru in Crl.A No.…
EWS Income Ceiling Raised to ₹5 Lakh for Free Treatment in Government and Identified Private Hospitals, Government Informs Court: Delhi High Court
The Delhi High Court has taken on record a major policy decision of the Delhi Government enhancing the income limit for Economically Weaker Sections for availing free medical treatment. The income threshold has been increased from Rs. 2.25 lakh to Rs. 5 lakh per annum for treatment in government hospitals and private…
Tribunal Order on Compassionate Appointment of Adopted Son in Railway Case Upheld: Orissa High Court
The Orissa High Court has refused to interfere with an order passed by the Central Administrative Tribunal, Cuttack, which directed the Railway authorities to reconsider a claim for compassionate appointment made by the adopted son of a deceased railway employee. The Court held that the Tribunal’s reasoning was…
Divorce Granted to Wife; Blackmail Using Private Photographs Held to Constitute Mental Cruelty: Jharkhand High Court
The Jharkhand High Court has delivered a significant judgment explaining the meaning of mental cruelty under Section 13(1)(i-a), Hindu Marriage Act. The Court held that emotional blackmail, humiliation, and misuse of a wife’s private photographs by the husband destroy the foundation of marriage and amount to mental…
Motor Accident Compensation Not a ‘Bonanza’; Claimants Cannot Recover Medical Expenses Borne by Charity: Gujarat High Court
The Gujarat High Court has clarified that compensation awarded under the Motor Vehicles Act, 1988 is meant to provide just and reasonable relief and cannot be treated as a bonanza or jackpot. The Court made this observation while partly allowing an appeal seeking enhancement of compensation by the legal heirs of a…
Bail Cancelled in Minor Rape Case under POCSO Act, 2012; Court Says High Court Ignored Gravity of Offence: Supreme Court
The Supreme Court of India has set aside an order of the Allahabad High Court which had granted bail to an accused in a serious case under the Protection of Children from Sexual Offences Act, 2012. The apex court held that the bail order was perverse, unreasonable, and passed by ignoring crucial material, especially…
‘Tiger’ Is a Generic Word and Not Exclusive; Injunction Rejected in Trademark Dispute: Delhi High Court
The Delhi High Court has refused to grant interim protection to an agricultural equipment manufacturer claiming exclusive rights over the word Tiger, holding that common trade expressions cannot be monopolised. The Court ruled that the use of the mark Tiger Premium Brand does not infringe or pass off the registered…
Negotiable Instruments Act, 1881 – Section 138 Cheque Bounce Case Compounded Under Section 147 After Settlement Between Parties, High Court of Himachal Pradesh
Background Of The Case Ashwani Kumar purchased a Nano car from Hi-Tech Satluj Motor Pvt. Ltd. on 27.12.2014. He had promised to pay the balance amount of Rs. 56,837 but failed to do so. The complainant company requested him to pay the amount, after which Ashwani Kumar issued cheque No. 696914 dated 21.12.2015 for the…
Civil Judge Cannot Dissolve Muslim Marriage in Suit Seeking Authentication of Talaq: Gauhati High Court
The Gauhati High Court has ruled that a civil judge has no jurisdiction to declare a talaq valid or to dissolve a marriage in a declaratory relief suit. The Court clarified that disputes relating to dissolution of marriage and divorce, including those based on talaq, must be decided only by a court having matrimonial…
Multiple Complaints Maintainable for Dishonour of Several Cheques Arising from Same Transaction under Section 138 NI Act: Supreme Court
The Supreme Court of India has clearly held that dishonour of multiple cheques, even if they arise from the same underlying transaction, can give rise to separate and independent causes of action under Section 138, Negotiable Instruments Act, 1881. The Court ruled that such cheque bounce cases cannot be quashed at the…
