New Delhi, India  

Negotiable Instruments Act, 1881

SC This Week: Key Rulings On Arbitral Awards, Insolvency, Rape Law, Consent Decrees And Unlicensed Money-Lending
Judiciary
SC This Week: Key Rulings On Arbitral Awards, Insolvency, Rape Law, Consent Decrees And Unlicensed Money-Lending

Supreme Court weekly roundup covering key rulings on arbitration, IBC resolution plans, consensual relationships, appeals against consent decrees and unlicensed moneylenders.

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Unlicensed Maharashtra Moneylenders Cannot Enforce Promissory Note Loans: SC [Read Judgment] Judiciary
Unlicensed Maharashtra Moneylenders Cannot Enforce Promissory Note Loans: SC [Read Judgment]

Supreme Court observes that loans advanced against promissory notes by unlicensed Maharashtra moneylenders are not legally enforceable debts.

Mere GD Entry Of Lost Cheque Insufficient To Rebut Section 139 NI Act Presumption: Calcutta HC [Read Order] Judiciary
Mere GD Entry Of Lost Cheque Insufficient To Rebut Section 139 NI Act Presumption: Calcutta HC [Read Order]

The Calcutta High Court held that an uncorroborated GD entry reporting a lost cheque cannot rebut the Section 139 NI Act presumption, while retaining ₹35,000 compensation.

Cheque-Bounce Notice Delivered To Drawer’s Mother At Correct Address Is Valid Service: Supreme Court [Read Judgment] Judiciary
Cheque-Bounce Notice Delivered To Drawer’s Mother At Correct Address Is Valid Service: Supreme Court [Read Judgment]

Supreme Court holds that a cheque-bounce demand notice sent to the drawer’s correct address and delivered to his mother constitutes valid service, declaring the contrary Kerala HC ruling in M.D. Thomas per incuriam.

Settlement by Husband's Company Does Not Extinguish Wife's Liability in Cheque Bounce Case: P&H High Court Judiciary
Settlement by Husband's Company Does Not Extinguish Wife's Liability in Cheque Bounce Case: P&H High Court

The Punjab and Haryana High Court held that a cheque bounce complaint under Section 138 of the NI Act cannot be quashed merely because the accused's husband's company undertook to discharge the liability under a settlement agreement. The Court ruled that disputed questions regarding legally enforceable debt must be decided at trial.

Gauhati HC: Polite 'Advice' to Pay Can Qualify as Demand Under Section 138 NI Act [Read Order]

The Gauhati High Court held that a cheque bounce notice 'advising' payment can constitute a valid demand under Section 138 of the Negotiable Instruments Act if it clearly requires the drawer to pay.

SC Restores Mandatory 20% Deposit for Suspension of Sentence in Cheque Bounce Case [Read Order]

SC sets aside P&H HC order; rules 20% deposit mandatory for suspension of sentence in ₹8.65 crore cheque bounce case under NI Act.

Litigants with no regard for truth need to be thrown out of court: SC [Read Judgment]

SC: Litigants who suppress material facts must be thrown out; quashes cheque dishonour case, calls misuse of criminal law an abuse of legal process.

SC to regulate growing menace of money lenders with Shylockian attitudes [Read Order]

The Supreme Court intervenes against money lenders with Shylockian attitudes, addressing the issue of usurious lending practices leading to financial ruin.

Delhi HC quashes cheque bounce complaints, emphasizes mediation [Read Judgement]

The Delhi High Court quashes cheque bounce complaints, emphasizing the importance of honoring mediation settlements to prevent judicial process abuse.


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