Supreme Court sets aside cost imposed in NI Act case, holding that Damodar S. Prabhu is not a binding precedent and cannot be applied mechanically to settlements.
Read Full ArticleKerala High Court rules that an accused can rebut the presumption under Section 139 NI Act by proving absence of debt through probable circumstances.
Madras HC rules conviction under Section 138 NI Act is not moral turpitude and cannot justify stopping pension of retired employee; directs release of dues.
Karnataka HC rules passport details of accused are personal and exempt from disclosure under RTI, allowing access only through court process in cheque-bounce case.
SC quashes cheque dishonour complaint filed 5 days late, rules 30-day limit under NI Act is mandatory and delay needs proper condonation process.
Absence of cheque, transfer or receipt doesn’t negate cash deal; promissory note & oral statement can establish enforceable debt: SC
Director can’t be prosecuted for cheque bounce if company is under moratorium under IBC, as management shifts to IRP, limiting repayment capacity: SC
Rajasthan High Court upholds remedy for premature cheque bounce complaints, emphasizing “Ubi Jus Ibi Remedium” and ensuring no complainant is left remediless.
ACRE, backed by Ares Management, issues an unconditional apology to IIFL Finance directors to avoid contempt over breach of undertaking in a legal dispute.
The Punjab and Haryana High Court ruled that bribe payments do not constitute legally enforceable liabilities under the Negotiable Instruments Act, 1881.
Allahabad High Court rules that dishonoured cheques from merged banks presented after the validity period won't attract liability under Section 138 of the NI Act.
Allahabad HC rules demand notices via courier valid for cheque bounce cases under Section 138 NI Act, but service presumption needs registered post amendment.
The Supreme Court ruled that mandating interim compensation in cheque dishonour cases under Section 143A of the Negotiable Instruments Act is discretionary.
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