Corporate Law : The court held that cheque dishonour caused by a statutory account freeze during insolvency does not attract criminal liability. T...
Corporate Law : upreme Court held that a trust is not a separate legal entity under the Indian Trusts Act, 1882, and only its trustees can be held...
Corporate Law : The Supreme Court of India ruled that presenting a cheque for its full amount after a partial payment was made does not constitute...
Corporate Law : The Supreme Court in Vishnoo Mittal v. M/s Shakti Trading Company quashed proceedings against a director under Section 138 of the ...
Corporate Law : SC rules that directors cannot face Section 138 NI Act cases if the cause of action arises after insolvency proceedings begin unde...
Corporate Law : The Modi government in a bit to improve ease of doing business and unclogging courts has decided that 39 sections in 19 differen...
Corporate Law : Lok Sabha passes Negotiable Instrument (Amendment) Bill, 2018 a bill further to amend the Negotiable Instruments Act, 1881 by whic...
Corporate Law : It is, therefore, proposed to introduce the Negotiable Instruments (Amendment) Bill, 2017 to provide, inter alia, for the followin...
Corporate Law : Proposal to promulgate the Negotiable Instruments (Amendment) Ordinance, 2015 The Union Cabinet, chaired by the Prime Minister Shr...
Corporate Law : The main amendment included in this is the stipulation that the offence of rejection/return of cheque u/s 138 of NI Act will be en...
Corporate Law : Tripura High Court acquitted the accused after finding the complainant failed to prove financial capacity and valid statutory noti...
Corporate Law : High Court upheld conviction under Section 138 NI Act, holding that contradictory defence evidence failed to rebut statutory presu...
Corporate Law : The Supreme Court examined whether personal insolvency proceedings under the IBC could halt cheque dishonour cases under Section 1...
Finance : The Supreme Court ruled that vicarious liability under the NI Act cannot arise solely from holding an office in a society or compa...
Corporate Law : The Karnataka High Court held that a complainant under Section 138 of the Negotiable Instruments Act can pursue an appeal as a vic...
Corporate Law : Pursuant to directions of Hon'ble Supreme Court of India, following Practice Directions are issued to all Courts dealing with case...
Finance : Central Government hereby declares every Saturday as a public holiday for Life Insurance Corporation of India, with immediate effe...
Corporate Law : This Act may be called the Negotiable Instruments (Amendment) Act, 2018. (2) It shall come into force on such date as the Central ...
Corporate Law : MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 29th December, 2015 The following Act of Parliament received t...
Corporate Law : NOW THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to p...
The Court held that once evidence under Section 145 NI Act has commenced, returning the complaint solely due to the 2015 jurisdictional amendment is improper. It restored the case to the Kolkata court, emphasizing continuity of proceedings and preventing prejudice to either party.
Court held that cheque was issued for repayment of an unlawful job-related payment, which is not a legally enforceable debt. Acquittal was upheld as Section 138 NI Act did not apply.
The Court held that cost directions based on earlier guidelines cannot be enforced as binding precedent. It set aside the imposed costs since the complainant sought no further payment and the appellant could not comply.
The apex court removed the cost imposed to the State Legal Services Authority after parties settled a cheque dishonour dispute. The ruling confirms that prior Article 142-based cost schemes cannot mandate payment in every case. Takeaway: each settlement must be evaluated on its own merits, not by automatic precedent.
The Supreme Court upheld the disqualification of a councillor for suppressing her Section 138 NI Act conviction in her nomination affidavit. The Court ruled that concealment of criminal records violates voters’ right to informed choice and voids election results.
SC clarified that personal insolvency proceedings under Section 94 IBC do not stay criminal trials for cheque dishonour under Section 138 NI Act.
The Orissa High Court dismissed a plea by a Managing Director to discharge himself from a prosecution under Section 138 of the Negotiable Instruments NI Act, 1881, following his company’s entry into the Corporate Insolvency Resolution Process CIRP under the IBC, 2016.
Bombay High Court held that directors cannot escape personal criminal liability for dishonoured cheques even if the company is under insolvency proceedings.
The Gujarat High Court has granted leave to appeal a trial court’s acquittal in a ₹6 lakh cheque bounce case, citing a prima facie failure to properly appreciate evidence presented by the complainant.
upreme Court held that a trust is not a separate legal entity under the Indian Trusts Act, 1882, and only its trustees can be held accountable. A criminal complaint under the NI Act can proceed against the chairman without naming the trust.
