August 2023 - Lawwatch : Resources for Learners

Plea for Default Bail can be made Orally

By K Rajasekharan 19 August 2023Criminal law

Default bail under Section 167(2) of the Criminal Procedures Code, 1973 (CrPC) can be granted to an accused based on an oral application alone, and no physical copy or written application is needed for seeking default bail, says High court of Kerala in a judgement in Akshay v State of Kerala [ 2023(1) KLT SN 44 (C No 38)].

Interim Compensation in Cheque Case

By K Rajasekharan 14 August 2023Negotiable Instruments

In a cheque dishonour case, the interim compensation can be directed to be paid only after the accused has pleaded not guilty as per section 143A (1) of the Negotiable Instruments Act, 1881 (NI Act).

Subsequent Anticipatory Bail Plea in HC only

By K Rajasekharan 14 August 2023Criminal law

After the dismissal of anticipatory bail application by the High Court (HC), a petitioner cannot file a subsequent anticipatory bail application, pointing out changes in circumstances, before the Sessions Court (SC). This is what the High Court of Kerala directs in Bipin Sunny v State of Kerala [ 2023 (5) KHC 125].

Calculating Limitation Period in Cheque Cases

By K Rajasekharan 3 August 2023Negotiable Instruments

The period of limitation for issuing legal notice under section 138 ( c ) of the Negotiable Instrument Act ( NI Act) and filing complaint under Section 142 (1) (b) of the NI Act is settled in M/S. Econ Antri Ltd v M/S. Rom Industries Ltd. & Anr [2013 (3) KHC 659].