Supreme Court of India Judgements

46820 Judgements hosted as on 28/07/2025 - Search (FREE), Subscribe, Read & Download

Category: Cheque Dishonour

Cheque Dishonour

Dishonour of Cheque—Friendly Loan—Failure of complainant to prove the source of funds for advancing loan to accused cannot be a ground rebutting the presumption u/s 139 N.I. and because of that burden of proof on accused to prove probable defence does not get shifted on complainant. Dishonour of Cheque—Rebuttable Presumption—By mere denial or mere creation of doubt the presumption u/s 139 N.I. act cannot be held to have been rebutted by the accused

May 5, 2019 sclaw

2019(2) Law Herald (SC) 1029 : 2019 LawHerald.Org 784 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Dinesh Maheshwari Criminal Appeal No.…

Cheque Dishonour

SCOI::: Issue involved in this matter is whether Section 143-A introduced by the Amendment Act No.20 of 2018 in the Negotiable Instruments Act, 1881 has retrospective application or not? As an interim measure, we direct the petitioner to deposit the sum, namely 15% of the cheque amount,

Apr 21, 2019 sclaw

ITEM NO.29                COURT NO.8                SECTION II-C SUPREME     COURT     OF     INDIA RECORD OF  PROCEEDINGS Petition for Special Leave to Appeal (Crl.) No.3342/2019 (Arising out of impugned final judgment and order dated…

Cheque Dishonour

Dishonour of Cheque—Offence by Company—Quashing—Role of a Director in a company is ultimately a question of fact—High Court must exercise its power under S. 482, Cr.P.C. when it is convinced, from the material on record, that allowing the proceedings to continue would be an abuse of process of the Court

Apr 21, 2019 sclaw

2019(2) Law Herald (SC) 939 : 2019 LawHerald.Org 731 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N.V. Ramana Hon’ble Mr. Justice Mohan M. Shantanagoudar Hon’ble Ms. Justice…

Cheque Dishonour

Negotiable Instruments Act, 1881 (NI) – Section 138–Court cannot insist on a person to lead negative evidence. The observation of the High Court that trial court’s finding that the complainant failed to prove his financial capacity of lending money is perverse cannot be supported.–We are, thus, satisfied that accused has raised a probable defence and the findings of the trial court that complainant failed to prove his financial capacity are based on evidence led by the defence. Appeal allowed.

Apr 10, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BASALINGAPPA — Appellant Vs. MUDIBASAPPA — Respondent ( Before : Ashok Bhushan and K.M. Joseph, JJ. ) Criminal Appeal No. 636 of 2019 (Arising…

Cheque Dishonour

Dishonour of Cheque—Rebuttable Presumption—Standard of proof to be adopted is preponderance of probabilities. Dishonour of Cheque—Advancement of Loan—Complainant failed to establish the source of funds which is alleged to have utilized for the disbursal of loan to the appellant—Accused acquitted.

Apr 7, 2019 sclaw

2019(1) Law Herald (SC) 751 : 2019 LawHerald.Org 709 (2019) 2 SCALE 548 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice Dr. Dhananjaya Y. Chandrachud Hon’ble Mr. Justice…

Cheque Dishonour

The question before the High Court was whether the remand order of the Appellate Court was legal or not. Second, instead of deciding the aforementioned question, the High Court proceeded to decide the complaint itself on its merits and while allowing the complaint, sentenced the appellant (accused) with simple imprisonment for 2 months along with a direction to pay compensation of Rs. 3 Lakhs to respondent No.1 (complainant). It was not legally permissible.

Mar 31, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SUSANTA DEY — Appellant Vs. BABLI MAJUMDAR AND ANOTHER — Respondent ( Before : Abhay Manohar Sapre and Dinesh Maheshwari, JJ. ) Criminal Appeal…

Cheque Dishonour

Dishonour of Cheque—Blank Cheque—Subsequent filing in of an unfilled signed cheque is not an alteration. Dishonour of Cheque—Presumption of debt—The existence of a fiduciary relationship between the payee of a cheque and its drawer, would not disentitle the payee to the benefit of the presumption under Section 139.

Mar 16, 2019 sclaw

2019(1) Law Herald (P&H) 353 (SC) : 2019 LawHerald.Org 525 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mrs. Justice Indira Banerjee Criminal Appeal Nos.…

Cheque Dishonour

Dishonour of Cheque—Blank Cheque—Subsequent filing in of an unfilled signed cheque is not an alteration. Dishonour of Cheque—Presumption of debt—The existence of a fiduciary relationship between the payee of a cheque and its drawer, would not disentitle the payee to the benefit of the presumption under Section 139.

Mar 1, 2019 sclaw

2019(1) Law Herald (SC) 321 : 2019 LawHerald.Org 525 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mrs. Justice Indira Banerjee Criminal Appeal Nos. 230-231…

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C P C

we are of the view that the order of status quo passed by the trial court was justified in the facts and circumstances of the case. We are not entering into the merits of the matter as it may influence the trial court. We, therefore, allow this appeal, set aside the impugned order of the High Court dated 30.06.2022 maintaining the order of the trial court in order to advance justice between the parties.

Jul 28, 2025 sclaw
I P C

Abkari Act, 1077 – Section 8 – Carrying 5 litres of illicit arrack – Conviction based solely on testimony of official witnesses – Delay in investigation – Testimonies of official witnesses can not be discarded simply because independent witnesses were not examined – Mere urging that delay casts a suspicion on the investigation, without any evidence being led in furtherance thereof, cannot be sustained

Jul 28, 2025 sclaw
Property Matters Transfer Of Property Act

Transfer of Property Act, 1882 – Sections 105, 106, 107 and 108 – Registration Act, 1908 – Sections 17 and 49 – Unregistered deed of lease for immovable property – In the absence of a registered instrument, the courts are not precluded from determining the factum of tenancy from other evidence on record as well as the purpose of tenancy In the present case, factum of creation of tenancy has been established – But the purpose of tenancy, so as to attract the six months’ notice period under Section 106 of the 1882 Act cannot be established by such evidence as in such a situation, registration of the deed would have been mandatory

Jul 28, 2025 sclaw
Constitution

Constitution of India, 1950 — Article 32 — Writ jurisdiction — Violation of Fundamental Rights — A writ petition under Article 32 requires a prima facie case of violation or imminent threat of violation of a Fundamental Right, with specific pleadings and prayers for relief. Vague allegations of arbitrariness or violation of natural justice without specific impact on Fundamental Rights are insufficient to maintain the petition.

Jul 28, 2025 sclaw