Scribe of a Will Can Also Be an Attesting Witness If Intended

Posted inWill & Related Matters
A person who writes a will (the scribe) can also serve as one of the legally required attesting witnesses. However, for their signature to be valid as an attestation, they must sign with the express intention of witnessing the testator's signature, not merely to authenticate their role as the scribe. This principle was clarified by the Kerala High Court in Varghese C Philip Kutty v. Varghese Mathai [2025:KER:42170].

SC’s Modified Guidelines on Compounding of Cheque Bounce Cases

Posted inNegotiable Instruments Act
The supreme Court, in Sanjabij Tari v. Kishore S Borcar & Anr. [2025 INSC 1158], observed that a very large number of cheque bouncing cases are pending and interest rates have fallen in the last few years. Therefore, the Supreme Court modified the guidelines of compounding cheque dishonour cases issued fifteen years ago in Damodar S. Prabhu vs. Sayed Babalal H. [AIR 2010 SC 1907].

SC Guidelines for Speedy Trial of Cheque Dishonour Cases

Posted inNegotiable Instruments Act
In Sanjabij Tari v. Kishore S Borcar & Anr. [2025 INSC 1158], the Supreme Court has issued a set of directives aimed at the speedy disposal of cases under Section 138 of the Negotiable Instruments Act, 1881.These guidelines represent a concerted judicial effort to tackle the immense backlog of cheque dishonour cases that burden the Indian judiciary.

No Pre-Cognizance Hearing for Accused in Cheque Dishonour Cases under BNSS

Posted inNegotiable Instruments Act
n cheque dishonour cases filed under Section 138 of the Negotiable Instruments Act, 1881, the Supreme Court has held that an accused person does not have a right to be heard at the pre-cognizance stage. In Sanjabij Tari v. Kishore S Borcar & Anr. [2025 INSC 1158], the Court clarified that the inquiry conducted by a Magistrate under Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), does not require the participation of the prospective accused.