Supreme Court of India Judgements

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Category: Cheque Dishonour

Cheque Dishonour

Partner in firm – Powers u/s 482 of the Cr P C can be exercised by the High Court in case when it comes across unimpeachable and incontrovertible evidence to indicate that the partner of the firm did not have any concern with the issuance of cheques – The case in hand is not of that kind – Impugned order passed by the High Court quashing the summoning order and the complaints against the respondent are set aside – Appeal allowed.

Aug 27, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RIYA BAWRI ETC. — Appellant Vs. MARK ALEXANDER DAVIDSON & OTHERS — Respondent ( Before : Hima Kohli and Rajesh Bindal, JJ. ) Criminal…

Cheque Dishonour

Dishonour of cheque – Setting aside of conviction and sentence – Settlement between with parties – Respondents will have no objection as the outstanding amount has already been received by them – Conviction and sentence under Section 138 of the Negotiable Instruments Act is set aside

Jun 20, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH R VARATHARAJAN — Appellant Vs. RAMASAMY — Respondent ( Before : Vikram Nath and Sanjay Kumar, JJ. ) Criminal Appeal No 1698 of 2023…

Cheque Dishonour I B C

Dishonour of cheque – Liability – the criminal proceedings under Section 138 of the NI Act will stand terminated only in relation to the corporate debtor if the same is taken over by a new management – Section 138 proceedings in relation to the signatories/directors who are liable/covered by the two provisos to Section 32A(1) will continue in accordance with law.

Mar 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AJAY KUMAR RADHEYSHYAM GOENKA — Appellant Vs. TOURISM FINANCE CORPORATION OF INDIA LIMITED — Respondent ( Before : Sanjay Kishan Kaul and Abhay S.…

Cheque Dishonour

Dishonour of cheque – Transfer of case from one state to another state – Power of SCOI Court to transfer pending criminal proceedings under Section 406 Cr.P.C. does not stand abrogated thereby in respect of offences under Section 138 of the Act of 1881 – Appeal allowed.

Feb 23, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH YOGESH UPADHYAY AND ANOTHER — Appellant Vs. ATLANTA LIMITED — Respondent ( Before : Dinesh Maheshwari and Sanjay Kumar, JJ. ) Transfer Petition (Criminal)…

Cheque Dishonour

Cheque Dishonour – Company – By virtue of the office they hold as Managing Director or Joint Managing Director, these persons are in charge of and responsible for the conduct of business of the company. HELD Merely being a director of a company is not sufficient to make the person liable under Section 141 of the Act. A director in a company cannot be deemed to be in charge of and responsible to the company for conduct of its business

Nov 27, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PAWAN KUMAR GOEL — Appellant Vs. STATE OF U.P. AND ANOTHER — Respondent ( Before : Krishna Murari and Bela M. Trivedi, JJ. )…

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G S T

Himachal Pradesh Passengers and Goods Taxation Act, 1955 – appellants are public sector organizations providing free transportation to their employees and their children in remote hilly areas for safety reasons, and recognizing that a substantial amount of time has passed since the enactment of the Amendment and Validation Act of 1997 (approximately twenty-six years), and that the appellants may have replaced their motor vehicles or buses during this time, the appellants should be liable to pay the tax starting from April 1, 2023, the current financial year onwards, and not for the period before that.

Sep 19, 2023 sclaw
Acquittal

In this case, the appellant and the deceased were in a romantic relationship – However, when the deceased stopped communicating with the appellant, the appellant became upset – There was an altercation between them, witnessed by the deceased’s mother – conviction under Section 302 of the IPC is alter to Section 304 part II, and the appellant is sentenced to the period of imprisonment already served – If not needed in any other case, the appellant shall be released immediately – Appeal partly allowed.

Sep 19, 2023 sclaw
I B C

Insolvency and Bankruptcy Code, 2016 – Section 5(24) – ‘related party’ – if an individual is a director of a private or public company and, along with relatives, holds more than two percent of the company’s share capital or paid-up share capital, that company is considered a ‘related party.’ – The explanation also specifies that both maternal and paternal uncles fall under the definition of ‘related party.’

Sep 19, 2023 sclaw
Matrimonial

Hindu Marriage Act, 1955 – Sections 13(1) and 13(1A) – Grant of Decree of divorce – Denial of – The parties in question have been living apart for fifteen years -there is no reason to prolong the distress of maintaining a marital status when they are not living together – In light of the mentioned reasons, the judgment of the Trial Court and the subsequent confirmation by the High Court is hereby overturned – As a result, the appeal is accepted, and a divorce decree is granted.

Sep 19, 2023 sclaw