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Cheque Bounce | 'Advice' to Pay Cheque Amount Constitutes a Legal Demand if the Notice Clearly Requires Payment: Gauhati High Court
The Gauhati High Court has delivered a significant judgment clarifying that a legally issued notice need not explicitly contain the word "demand" to fulfill the requirements of Section 138 of the Negotiable Instruments Act, 1881. The Court dismissed a criminal revision petition filed against a cheque bounce…
Dowry Death Conviction Upheld in Case of Woman and Infant Daughter Who Died Within Seven Years of Marriage; Sentence Reduced: Allahabad High Court
The Allahabad High Court has delivered a significant judgment in a dowry death case involving the death of a young woman and her 15-month-old daughter. The Court upheld the conviction of five family members, including the woman’s husband, parents-in-law, and brothers-in-law, for their role in the death that occurred…
Failure to Place Relevant Material Before the District Magistrate Vitiates Preventive Detention Order: Andhra Pradesh High Court
The Andhra Pradesh High Court has declared a preventive detention order invalid after finding that the relevant material was not placed before the District Magistrate at the time of passing the order. The case involved a habeas corpus petition filed by the wife of the detenu, challenging both the detention order and…
Young Advocates Must Be Supported, Not Forced Out of the Profession; Reply Sought on Stipend Plea: Bombay High Court
The Bombay High Court has shown concern over the plight of young lawyers in Maharashtra and has issued a notice to the state government, seeking their reply on a petition that advocates for financial support for junior advocates. The court emphasized that young lawyers should be supported to establish their careers,…
PFI 'Terror Plot' Case | No Progress in Trial Against Accused Arrested in 2021 Questioned; Lucknow NIA Court Asked to Explain: Allahabad High Court
The Allahabad High Court has raised serious concerns over the slow progress of the trial in a case involving alleged PFI terror plot members arrested in 2021. The Court expressed its surprise and questioned why the trial court in Lucknow, under the NIA/ATS, has not concluded the case despite clear directions from the…
Mere Breach of Contract Does Not Amount to Cheating Unless Fraudulent Intention Existed From the Beginning; Criminal Case Quashed: Supreme Court
In a recent landmark judgment, the Supreme Court has clarified that a simple breach of contractual obligations cannot be prosecuted as the offence of cheating under Section 420 of the Indian Penal Code unless there was a fraudulent or dishonest intention from the very beginning of the transaction. The case involved…
Specific Performance of an Agreement to Sell May Be Denied Due to Long Delay: Supreme Court
The Supreme Court has emphasized that a decree for specific performance of an agreement to sell property is not an automatic outcome of a valid contract. The Court clarified that if there is a long time gap between the agreement and final decision, it can become a ground to refuse the equitable relief of specific…
Asaram Granted First Parole After Over 13 Years in Jail; State's Objections Termed 'Figments of Imagination': Rajasthan High Court
In a landmark decision, the Rajasthan High Court has granted parole to Asaram after he has spent more than 13 years in prison. The court ordered a 20-day parole, citing his age and the lengthy incarceration period as significant factors. The division bench, comprising Acting Chief Justice Sanjeev Prakash Sharma and…
FIR Quashed and Accused Acquitted in Sexual Harassment Case Based on Matrimonial Dispute and Settlement: Himachal Pradesh High Court
In a landmark judgment, the Himachal Pradesh High Court has ordered the quashing of FIR No. 127 of 2022, lodged at Police Station Gagret, District Una, against a man accused of sexual harassment under Sections 354, 354A, 376, 447, and 509 of the Indian Penal Code. The order was passed by Justice Sandeep Sharma on…
Anticipatory Bail Denied to Aunt and Uncle in Alleged 'Honour Killing' of 'Helpless Girl': Allahabad High Court
The Allahabad High Court recently refused anticipatory bail to the aunt and uncle of a woman allegedly murdered in an 'honour killing' in Agra. The court emphasized the seriousness of the case and stated that custodial interrogation of the applicants was essential to uncover the truth. The court also noted that the…
