38.6c New Delhi, India, Sunday, April 21, 2024
Judiciary

Supreme Court Urges Center to Create Additional Courts for cases pertaining to Sec. 138 NI Act 1881

By Aditi Aggarwal      08 March, 2021 07:28 PM      0 Comments
Supreme Court Urges Center to Create Additional Courts for cases pertaining to Sec. 138 NI Act 1881

A Constitution Bench headed by the Chief Justice of India SA Bobde of the apex court on Thursday( March 4, 2021) urged the Central Government to consider the establishment of additional courts to deal with the “grotesque” problem of pendency of cheque dishonour cases under Section 138 of the Negotiable Instruments Act, 1881.

 

It has been told by the bench comprising the CJI, Justices L Nageswara Rao, BR Gavai, AS Bopanna and S Ravindra Bhat to the Solicitor General Tushar Mehta that the power under Article 247 of the Constitution to create additional courts for administration  of the NI Act is “coupled with a duty.” 

 

Article 247 of the Constitution speaks of the power of the Parliament to provide for the establishment of certain additional courts in respect of matters under the Union List.

 

Dealing with a suo moto petition to expedite trial in cheque bounce cases arising out of Section 138 of the Negotiable Instruments Act, 1881, a five-judge Constitution bench of the SC felt that before introducing the law the Parliament ought to have done a judicial impact assessment. The CJI suggested that even a temporary law can be made for creation of additional courts.

 

The Solicitor General said that he personally felt this was a "welcome solution" but added that "wide ranging consultations" might be necessary to work out the “nitty-gritties.” Following this, the matter was adjourned till next Wednesday.

 

It is to be noted that Earlier, the Centre was not favoring the idea of additional courts, and the Ministry of Finance had submitted certain alternate suggestions. However, the Court yesterday told Additional Solicitor General Vikramjit Banerjee that the suggestions of the Ministry are “inadequate.”



Share this article:



Leave a feedback about this
TRENDING NEWS

sc-orders-medical-examination-of-yr-old-rape-survivor-seeking-to-terminate-her-week-pregnancy
Trending Judiciary
SC orders medical examination of 14-yr-old rape survivor seeking to terminate her 28-week pregnancy

Supreme Court orders medical examination of 14-year-old rape survivor seeking termination of 28-week pregnancy. Decision to be made after evaluating impact on her health.

20 April, 2024 11:00 AM

TOP STORIES

need-to-safeguard-judiciary-from-unwarranted-pressures-21-ex-judges-write-letter-to-cji
Trending Legal Insiders
Need to safeguard judiciary from unwarranted pressures: 21 ex-judges write letter to CJI

21 ex-judges write to CJI Chandrachud urging protection of judiciary from pressures undermining its integrity and autonomy.

15 April, 2024 12:17 PM
sc-notice-to-ed-declines-early-date-on-plea-by-delhi-cm-arvind-kejriwal-against-arrest
Trending Judiciary
SC notice to ED; declines early date on plea by Delhi CM Arvind Kejriwal against arrest

SC issues notice to ED, declines early hearing on Delhi CM Kejriwal's plea against arrest in liquor scam.

15 April, 2024 03:08 PM
call-for-chapters-gender-based-violence-and-religion
Trending Law School
Call For Chapters: Gender-Based Violence and Religion

Calling For Book Chapters: As an editor, Dr. Amit Anand, Assistant Professor, School of Legal Studies, REVA University, Bengaluru, is inviting people to contribute to a book, entitled "Gender-Based Violence and Religion." This book is scheduled to be published by Cambridge Scholars Publishing.

15 April, 2024 04:21 PM
cannot-stop-any-public-rally-bombay-hc-says-on-allegation-that-ram-navami-processions-deliberately-pass-through-muslim-majority-areas
Trending Top Stories
Cannot stop any public rally, Bombay HC on allegation that Ram Navami processions deliberately pass through Muslim-majority areas

The Bombay High Court calls upon the Maharashtra Police to ensure that no law and order issues occur during a Ram Navami rally in a Muslim-majority area in Mumbai.

15 April, 2024 06:36 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email