Important Judgments for Opposing Condonation of Delay under Section 5 of the Limitation Act

Posted inLimitation Act and Condonation of DelayNo Comments
When opposing an application for the condonation of delay under Section 5 of the Limitation Act, 1963, the most highly cited and authoritative Supreme Court judgments used to argue against condonation of delay while demanding strict adherence to limitation, include the judgments listed on this post.

Cheque Dishonour Notice Sent to Correct Address Is Validly Served Even When Received by Family Member: Supreme Court

Posted inNegotiable Instruments ActNo Comments
In Sainaba v. State of Kerala & Anr [2026 INSC 1069], the Supreme Court has held that a statutory notice under Section 138 of the Negotiable Instruments Act, 1881, sent by registered post to the drawer’s correct residential address constitutes valid service even when the article is received and acknowledged by a family member. Personal receipt or signature of the drawer is not indispensable where the statutory presumption of service remains unrebutted.

Police Officer Who Arrests Without Furnishing Written Grounds of Arrest Must Face Disciplinary Action

Posted inArrest & Related MattersNo Comments
In Jaskaran Jeet Singh Deol v. State of Punjab [2026 INSC 1022], the Supreme Court held that an arrest is rendered illegal where the grounds of arrest are not furnished to the accused in writing. The Court further directed that disciplinary proceedings be initiated against a police officer who effects an arrest without furnishing such grounds.

Legislative Privileges Do Not Protect Legislators from Criminal Prosecution: Supreme Court

Posted inCode of Criminal Procedures (CrPC), Constitutional lawNo Comments
In a landmark judgement in State of Kerala v K Ajith, the Supreme Court (SC) allowed to continue the criminal proceedings against some former MLAs in Kerala and declared categorically that the privileges and immunities of the MLA does not protect them from criminal offences in which they engage in. This writeup highlights the essential points in the judgement in an easy-to-learn language.

Signing Alone is Not Execution of a Cheque Under Section 138 of NI Act: The Critical Difference

Posted inNegotiable Instruments ActNo Comments
A common misconception among litigants—and sometimes even practitioners— in cases coming under Section 138 Negotiable Instruments (NI) Act is that once a signature on a cheque is admitted, the execution of the cheque is proved. However, the jurisprudence reveals that mere signing of a cheque does not amount to its execution.  Execution is a multi-step legal reality that requires something more than the physical act of signing the cheque.