Jurisdiction in Cheque Case u/s 138 of NI Act

19 September 2023Posted inNegotiable Instruments
The cognizance of the offence in a cheque dishonour case, under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) can be taken by a court not inferior to a First-Class Judicial Magistrate upon a complaint in writing by the payee or the holder in due course of the cheque, to be made within one month of the date on which the cause of action arises.

Subsequent Anticipatory Bail Plea in HC only

14 September 2023Posted inCriminal 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].

Deposit of 20% not absolute in Cheque Appeal

13 September 2023Posted inNegotiable Instruments
Deposit of a minimum 20% of the cheque amount when the appeal court considers an appeal of an accused person convicted for dishonour of cheque under Section 148 of Negotiable Instruments Act, is not an absolute matter, but an exceptional one, says the Supreme Court (SC) in Jamboo Bhandari v MP State Industrial Development Corporation Ltd.

Accused has the right to get Un-Relied Documents

11 September 2023Posted inCriminal law
An accused has the right to get copies of (or examine) the unmarked and unexhibited documents, which are not being relied on by the prosecution, in a criminal proceeding, as per the Supreme Court ( SC) judgement in V K Sasikala v State Rep. By Superintendent Of Police and some other related judgements.

Judge is not a Recording Machine in a Trial

6 September 2023Posted inCriminal law
On a reference for confirmation of sentence of death, the High Court is required to proceed in accordance with Sections 367 and 368 respectively of the CrPC and the provisions of these Sections make it clear that the duty of the High Court, in dealing with the reference, is not only to see whether the order passed by the Sessions Judge is correct, but to examine the case for itself and even direct a further enquiry or the taking of additional evidence if the Court considers it desirable in order to ascertain the guilt or the innocence of the convicted person.

Can a Joint/Mutual Will be revoked after One dies?

5 September 2023Posted inFamily, Marriage & Divorce
A Joint will is revocable if the joint Will is a combined Will of two individuals and the survivor has received no benefits from the deceased testator, as inferred from the facts and circumstances surrounding the Will. However, a mutual Will becomes irrevocable on the death of one of the testators if the survivor had received benefits under the mutual Will, and that there is a specific contract prohibiting revocation.