Negotiable Instruments Act, 1881 – Section 138 – Dishonour of cheque – Complaint – Locus standi of complainant – A person can maintain a complaint provided he is either a “payee” or “holder in due course” of cheque – Appellant/complainant could not produce any document to show that he was proprietor of firm – Appellant did not make any attempt to adduce additional evidence at appellate stage also – Mere statement in affidavit in this regard, is not sufficient to meet requirement of law – Appellant failed to produce any documentary evidence to connect himself with the firm
(2011) 74 ACC 573 : (2011) ACD 458 : (2011) 104 AIC 202 : (2011) 2 AICLR 348 : (2011) AIR(SCW) 1773 : (2011) 3 AIRBomR 126 : (2011) 2…
Forensic Evidence—Blood Stains— Murder—Merely because blood stains were disintegrated by the time the blood stains were examined by FSL, and the blood group could not be determined, the benefit of doubt cannot be extended to accused
2018(3) Law Herald (SC) 1789 :2018 LawHerald.Org 1255 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice L. Nageswara Rao Hon’ble Mr. Justice Mohan M. Shantanagoudar Criminal Appeal No.…
Accident—Claim Petition—A mere statement that victim was unlawfully travelling on tractor, without any probable evidence cannot be taken into consideration
2018(3) Law Herald (SC) 1786 :2018 LawHerald.Org 1114 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N. V. Ramana Hon’ble Mr. Justice S Abdul Nazeer Civil Appeal No.…
Accident—Income—Deceased aged 29 years was working on temporary/contract basis in Government School—Deceased would have been made permanent in due course of time as per relevant service rules—Income of deceased taken as that of permanent employee.
2018(3) Law Herald (SC) 1783 :2018 LawHerald.Org 1113 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice Dipak Misra Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice Dr.…
Right to Information—Charges for Information—Charge for application should not be more than Rs.50/- and for per page information should not be more than Rs.5/-.
2018(3) Law Herald (SC) 1781 :2018 LawHerald.Org 1109 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Adarsh Kumar Goel Hon’ble Mr. Justice Uday Umesh Lalit Writ Petition (Civil)…
Registration—Unregistered document—Unregistered documents which required compulsorily registration can be looked into for collateral purpose provided appellant pay stamp duty together with penalty and get document impounded.
2018(3) Law Herald (SC) 1775 :2018 LawHerald.Org 1112 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.K. Sikri Hon’ble Mr. Justice Ashok Bhushan Civil Appeal No. 3171 of…
Land Acquisition—Circle rates for purpose of stamp duty cannot be made basis to determine market value.
2018(3) Law Herald (SC) 1772 :2018 LawHerald.Org 1110 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Arun Mishra Hon’ble Mr. Justice Mohan M. Shantanagoudar Civil Appeal No. 15448…
Dishonour of Cheque—Rebuttable presumption of debt—Mere denial regarding existence of debt shall not serve any purpose to rebut the presumption of existence of legally enforceable debt
2018(3) Law Herald (SC) 1758 :2018 LawHerald.Org 1251 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.K. Sikri Hon’ble Mr. Justice Ashok Bhushan Criminal Appeal No. 803 of…
Second Appeal—Reasoned Order—It is of no significance, whether the respondent has appeared at the time of final hearing of the appeal or not. – The High Court, in any case, has to proceed in accordance with the procedure prescribed under Section 100 while disposing of the appeal, whether in limine or at the final hearing stage.
2018(3) Law Herald (SC) 1766 :2018 LawHerald.Org 1108 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice R.K. Agrawal Hon’ble Mr. Justice Abhay Manohar Sapre Civil Appeal Nos. 9118-9119…
Murder—Unsoundness of mind—Duty of Police—In view of the previous history of insanity of the appellant, at the time of offence, it was the duty of police to subject the accused to a medical examination immediately and place the evidence before the court and if this is not done, it creates a serious infirmity in the prosecution case
2018(3) Law Herald (SC) 1749 :2018 LawHerald.Org 1250 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice Navin Sinha Criminal Appeal No.814 of 2017…