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Cheque Bounce Cases: Sections 138 and 147 of the Negotiable Instruments Act, 1881 Explained; Guidelines Issued on Compounding of Offences: Supreme Court
In a landmark judgment, the Supreme Court has laid down important guidelines regarding the settlement of cheque bounce cases under Section 138 of the Negotiable Instruments Act, 1881. The Court held that although cheque dishonour cases can be settled at any stage under Section 147 of the Negotiable Instruments Act,…
Failure to Explain Wife's Death in Matrimonial Home Completes Chain of Guilt; Husband and In-Laws' Murder Conviction Upheld: Allahabad High Court
The Allahabad High Court has held that where a woman dies an unnatural death inside her matrimonial home and the prosecution establishes a complete chain of circumstantial evidence pointing towards the guilt of the accused, the burden shifts upon the inmates of the house under Section 106 of the Indian Evidence Act,…
Buyer or Seller Need Not Be Present Together for Sale Deed Registration in Uttar Pradesh; Appeal Against Specific Performance Decree Dismissed: Allahabad High Court
The Allahabad High Court has held that under the Registration Act, 1908 as applicable in Uttar Pradesh, the physical presence of both the buyer and the seller is not mandatory at the time of execution and registration of a sale deed. The Court clarified that the Uttar Pradesh amendment to Section 32A of the…
School Employee's Suspension Automatically Ends If Education Director's Approval Is Not Granted Within 15 Days: Delhi High Court
The Delhi High Court has authoritatively interpreted Section 8(4) of the Delhi School Education Act, 1973, holding that the suspension of an employee of a recognised private school automatically comes to an end if the Director of Education does not grant approval within 15 days. The Full Bench further clarified that…
Writ Petition Maintainable Against Minority Aided School Where Breach of Statutory Service Safeguards Is Alleged: Patna High Court
The Patna High Court has held that a writ petition is maintainable against a minority aided school where an employee alleges violation of statutory provisions governing service conditions. The Court observed that when a body performing a public function or public duty is accused of violating statutory provisions, the…
Magistrate Cannot Order Further Investigation on Protest Petition Without Explaining Deficiencies in Police Investigation: Jammu & Kashmir and Ladakh High Court
The Jammu & Kashmir and Ladakh High Court has held that a Magistrate cannot mechanically reject a police Final Closure Report and direct further investigation merely on the basis of allegations made in a protest petition. The Court ruled that before ordering further investigation, the Magistrate must record clear and…
Actor Ravi Kishan's Personality Rights Protected; Takedown of AI-Generated Obscene Content Ordered: Delhi High Court
The Delhi High Court has passed an interim order protecting the personality rights of actor and Member of Parliament Ravindra Shukla alias Ravi Kishan. The Court restrained several individuals, unidentified persons and online entities from unauthorizedly using his name, image, voice, likeness and other identifiable…
Steps Taken by Accused to Protect Himself From False Allegations Before FIR Cannot Be Ignored; Rape Conviction Quashed: Chhattisgarh High Court
The Chhattisgarh High Court has set aside the conviction of Raju Sahu for offences under Section 376(1) and Section 506 Part II of the Indian Penal Code, 1860. The Court held that the trial court failed to properly appreciate important defence evidence, including a complaint and a legal notice issued by the accused…
Sukesh Chandrashekhar's Alleged Associates Granted Bail in Extortion Case; Long Incarceration and Protracted Trial Cited: Delhi High Court
The Delhi High Court has granted bail to Arun Muthu, B. Mohanraj, Sudheer and Kamlesh Kothari in the Rs. 217 crore extortion case linked to alleged conman Sukesh Chandrasekhar. Justice Prateek Jalan passed the order after observing that the accused had remained in custody for a long period and that the trial was not…
Notarized Divorce or Marriage Agreement Has No Legal Validity Under Hindu Law; Family Pension Claim Rejected: Madhya Pradesh High Court
The Madhya Pradesh High Court has held that a notarized divorce agreement cannot legally dissolve a Hindu marriage and a notarized marriage agreement cannot create a valid marriage under the Hindu Marriage Act, 1955. The court delivered this ruling while dismissing a writ appeal filed by Ram Kripal Singh, who sought…
