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Sick Industrial Companies (Special Provisions) Act, 1985 (SICA) — Insolvency and Bankruptcy Code, 2016 (IBC) – Repeal of SICA and Abatement of Proceedings – Companies whose proceedings were pending before BIFR/AAIFR could approach NCLT within 180 days of IBC enactment – Failure to do so results in abatement and revival of earlier orders, like winding up recommendation. Prevention of Corruption Act, 1988 — Sections 7 and 13(1)(d) read with 13(2) — Demand and Acceptance of Bribe — Ingredients for establishing guilt of public servant under Section 7 and 13(1)(d) include proof of demand and acceptance of illegal gratification, which are sine qua non — While acceptance of bribe was admitted, the proof of demand was the crucial aspect in this case. Consumer Protection Act, 1986 — Deficiency in Service — Banking — Cheque Presentation — Bank’s failure to re-present cheques within their validity period after they were returned due to a bank strike constitutes negligence and a deficiency in service, as banks have a duty of due diligence in handling customer deposits.Consumer Protection Act, 1986 — Deficiency in Service — Banking — Cheque Presentation — Bank’s failure to re-present cheques within their validity period after they were returned due to a bank strike constitutes negligence and a deficiency in service, as banks have a duty of due diligence in handling customer deposits. Air Force Act, 1950 — Section 19 — Air Force Rules, 1969 — Rule 16 — Administrative action after discharge from criminal court — Initiation of administrative action for disciplinary purposes is not permissible if the matter has already been decided by a criminal court by way of discharge, as discharge signifies no sufficient grounds for proceeding, placing the individual on a better footing than acquittal and thus ending the matter. Prevention of Corruption Act, 1988, Section 13(1)(d) — Disproportionate Assets — Chargesheet splitting — Allegations of acquiring disproportionate assets and tribal lands misuse — Two separate chargesheets filed from the same FIR, R.C — Case No 04(A)/2010-AHD-R(B) and R.C — Case No 04(A)/2010-AHD-R(C) — Overlapping allegations in both cases — Plea of double jeopardy raised — Supreme Court noted overlapping allegations and previous conviction with suspended sentence, inclined to grant bail in the present case as well.

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.

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.…

Will–Suspicious circumstances–Testator disinherited her four daughter and executed Will in favour of distant relative–It is suspicious circumstances in instant case–Registration of Will and contention that testatrix was not looked after by natural heirs not of much significance. Will was a registered one, but the same by itself would not mean that the statutory requirement of providing the Will need not be complied with. Will must be proved in terms of Section 68 of Evidence Act and Section 63(c) of Succession Act–For proving the Will, provisions of Section 90 of Evidence Act are not applicable.

2009(1) LAW HERALD (SC) 577 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Civil Appeal No. 7250 Of 2008…

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