Supreme Court weekly roundup covering key rulings on arbitration, IBC resolution plans, consensual relationships, appeals against consent decrees and unlicensed moneylenders.
Read Full ArticleSupreme Court observes that loans advanced against promissory notes by unlicensed Maharashtra moneylenders are not legally enforceable debts.
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.
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.
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.
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 sets aside P&H HC order; rules 20% deposit mandatory for suspension of sentence in ₹8.65 crore cheque bounce case under NI Act.
SC: Litigants who suppress material facts must be thrown out; quashes cheque dishonour case, calls misuse of criminal law an abuse of legal process.
The Supreme Court intervenes against money lenders with Shylockian attitudes, addressing the issue of usurious lending practices leading to financial ruin.
The Delhi High Court quashes cheque bounce complaints, emphasizing the importance of honoring mediation settlements to prevent judicial process abuse.
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