Read more https://www.latestlaws.com/latest-news/defense-of-blank-signed-cheque-cannot-help-the-accuse/, 81-Supreme Court : Onus on Accused' to prove the cheque issued was not in discharge of a debt or liability; Section 138 &139 of NI Act. Read morehttps://www.latestlaws.com/latest-news/cheque-bounce-case-and-part-payment/, 35-Kerala High Court : Merely because defence witnesses support the case of the accused, they cannot be held to be untruthful: High Court acquits the accused (20 September 2019), Kerala High Court has observed that defence witnesses are entitled to equal treatment with those of the prosecution and that merely because defence witnesses support the case of the accused, they cannot be held to be untruthful. PDF Reportable in The Supreme Court of India Civil Appellate Jurisdiction Madras High Court has observed that Form 32 is sterling in nature and therefore that can be relied upon by the court at the time of dealing with quash petition. : High Court to examine the issue (15 October 2019), Delhi High Court has allowed a complainant to file appeal against acquittal of a person accused of cheque bounce case where the defence was that the said cheques were Non-CTS cheques and were not in circulation. Updated. Read more, https://www.latestlaws.com/latest-news/sc-onus-on-accused-to-prove-the-cheque-issued-was-not-in-discharge-of-a-debt-or-liability-section-138-139-of-ni-act-read-judgment/, The Apex Court has held that a 'Cheque Bounce' complaint filed based on the 2nd statutory notice issued after re-presentation of cheques, is maintainable. Landmarks in law: the Brexit court ruling that thwarted Boris Johnson A Court Cannot Condone The Delay In Filing Of The Petition Under Section 34 Of The A&C Act Beyond 120 Days: Gauhati High Court Reiterates 14 April 2023 2:07 PM GMT No Scope For Condonation. The Court held that this would cause a delay in the arbitration proceedings and increase interference of the Court in arbitrary matters thus defeating the whole purpose of the Arbitration and Conciliation Act. His subsequent appeals were also dismissed in supreme court. Read more, https://www.latestlaws.com/latest-news/no-separate-charge-to-company/. Questions regarding the decision-making process, pricing irregularities, offset partners were made in the petitions. What are some sufficient grounds other than medical for condonation of Read morehttps://www.latestlaws.com/latest-news/cheque-bounce-case-on-non-cts/, 18- Delhi High Court : No case made out if cheque amount is more than the liability(15 October 2019), Delhi High Court has refused to grant leave to appeal in a cheque bounce case where the accused was acquitted since the cheque amount was more than the liability. 22.2. Read morehttps://www.latestlaws.com/latest-news/security-cheque-also-creates-an-offence/, 40-Punjab & Haryana High Court : Even if complainant fills date in cheque, accused cannot get the case quashed (13 September 2019), Punjab and Haryana High Court has recently declined to give any relief to a person accused of cheque bounce case and has observed that filling date in the cheque does not amount to a material alteration. ITEM NO.47 COURT NO.7 SECTION IV-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) Diary No. Ericsson had filed 3 contempt plea against the reliance company, and in its judgment, the Supreme Court held that Reliances chairman, Mr. Anil Ambani is required to pay his dues in four weeks or he would face jail time. United States v. Curtiss-Wright Export Corp. Harper v. Virginia State Board of Elections, Brnovich v. Democratic National Committee, Penn Central Transportation Co. v. New York City, Federal Baseball Club of Baltimore v. National League of Professional Baseball Clubs, United States v. South-Eastern Underwriters Association. Consumer Protection| Can written statement be accepted beyond 45 days However, the Supreme Court did not see any difficulty with such a high threshold and upheld the validity of the said Section. 20 landmark judgments passed by the Supreme Court in 2019 January 10, 2020 32656 0 Image source - https://bit.ly/39WDxgl This article is written by Mehar Verma, a 3rd-year law student from Jindal Global Law School. Download PDF. : The disputed land was given to Ram Lalla and the Central Government has been ordered to formulate a scheme and set up a trust within 3 months for the construction of the temple. As the new year begins, we look back at the prominent cases and events that assumed the limelight at the Supreme Court this past year. Yearly Reports: The Supreme Court in 2019 - Bar and Bench In 2019, the Court addressed some compelling questions of law. (Case name: BK Pavitra and others v Union of India, decided on 10.05.2019). Read more. Read more.https://www.latestlaws.com/latest-news/cheque-bounce-case-sc-reject-offer-to-pay-up-after-15-years-of-litigation-convict-sent-to-jail/, 51-Supreme Court: No Court shall impose Cost on Parties if they settle at early stages of Trial(14 August 2019), If a case of settlement is arrived at between the parties at the initial stage of the trial then no fine shall be imposed on the parties in terms of apex court decision in Damodar S. Prabhu vs. Sayed Babalal H. (2010) 5 SCC 663, 2010 Latest Case Law 332 SC. A 43-year-old judgment which held that Section 156(3) of CrPC can only be invoked at a pre cognizance stage was overruled. Read morehttps://www.latestlaws.com/latest-news/presumptions-in-cheque-bounce/, 15- Delhi High Court : Can the defence of non-CTS cheque be sustained? 2019 observed some good as well as some disappointing judgment from the end of the Supreme Court. During the month of November 2019, two important judgments were pronounced by judicial authorities, pronouncing the principles behind condoning the delay in filing appeals before the courts by applying section 5 of the Limitation Act, 1963. Madras High Court has held that if amount is filled in different ink, no liability can be assumed as the same would indicate a material alteration rendering the negotiable instruments void. After the deal was signed multiple litigants filed petitions in the Supreme Court claiming that the deal made by Mr. Modi was not according to the established procedure. Pattu Rajan and others v State of Tamil Nadu. The Court declared the ban as unconstitutional and held that women of all age groups would be granted the right to enter the temple. (Case name: Kantaru Rajeevaru v Indian Young Lawyers Association, decided on 14.11.2019). . https://www.latestlaws.com/latest-news/complaint-case-is-maintainable-even-if-cheque-is-not-endorsed-in-favour-of-the-bank/, 39-Supreme Court : Handing over of the cheque by way of security per se will not extricate the accused from the discharge of liability arising from such cheque(15 September 2019), Supreme Court has set aside quashing order in respect of cheque bouncing case and observed that handing over of the cheques by way of security per se would not extricate the accused from the discharge of liability arising from such cheques. One of the convicts was killed during an encounter and the High Court awarded the death penalty to the other convict. The Central Vigilance Commission (CVC), on 23rd October 2018, took away the powers and functions of Mr. Alok Kumar Verma, Director of Central Bureau of Investigation under the, . However, the Court upheld the legal validity of Section 184 of the Finance Act, 2017. The appellant contended that as no bottle of liquor was found on him and as he was traveling in his private car, the FIR against him must be quashed. Read more.. https://www.latestlaws.com/latest-news/section-138-ni-act-if-accused-has-repaid-the-loan-he-should-have-taken-steps-to-get-back-the-security-cheque/, Madras High Court has directed the trial court to try together the case for cheque bounce filed by the complainant and the case for forgery of cheques to be filed by the accused. Read morehttps://www.latestlaws.com/latest-news/there-is-no-provision-for-consolidation-of-several-cases/, 38-Delhi High Court : Complaint case is maintainable even if the cheque is not endorsed in favour of the bank(16 September 2019). The majority of the judges upheld the conviction of the death penalty however, Justice Sanjiv Khanna had a dissenting opinion. Steele v. Louisville & Nashville Railway Co. Heart of Atlanta Motel, Inc. v. United States, Swann v. Charlotte-Mecklenburg Board of Education, Regents of the University of California v. Bakke, Schuette v. Coalition to Defend Affirmative Action, Students for Fair Admissions v. University of North Carolina, Mississippi University for Women v. Hogan, Title VII of the Civil Rights Act of 1964, Burlington Northern & Santa Fe Railway Co. v. White, SmithKline Beecham Corporation v. Abbott Laboratories, R.G. Article 370 reference to larger Bench denied. Judgment: Supreme Court struck down Section 87 of the Act, introduced in the 2019 Amendment as it was arbitrary. Read more, https://www.latestlaws.com/latest-news/society-will-not-be-criminally-liable/, 6-High Court : No upper limit for interim compensation during the appeal (14 November 2019), rejected the challenge made by a person accused of cheque bounce whereby he wanted a relief in respect of direction for interim compensation. The Supreme Court has further directed: (i) In cases where the limitation would have expired during the period between 15.03.2020 till 28.02.2022, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 01.03.2022. It was refiled on 27-2-2020, and then again on 29-2-2020 and finally on 2-3-2020. Section 148 was introduced in the Negotiable instruments Act, 1181 by way of amendment in 2018. Read more.. https://www.latestlaws.com/latest-news/complainant-fills-date-in-cheque-but-accused-cannot-get-the-case-quashed/, Madhya Pradesh High Court has observed that it is unimaginable that an employee would advance a huge amount of Rs.39.00 lacs to his master and that too without executing any document of loan agreement. https://www.latestlaws.com/latest-news/trial-court-has-to-dispose-the-case-within-6-months/, 13- Bombay High Court: Non production of original demand notice became fatal (19 October 2019), Bombay High Court refused to interfere in the acquittal of a person accused of cheque bounce when it found that the complainant did not produce the original demand notice and acknowledgment card. Article Four of the United States Constitution, Colorado River Water Conservation District v. United States, List of overruled United States Supreme Court decisions, "United States Foreign Intelligence Surveillance Court of Review Case No. Civil Appeal Nos.949699 Of 2019 REPORTABLE IN THE SUPREME COURT OF INDIACIVIL APPELLATE JURISDICTION Civil Appeal Nos.949699 Of 2019 (Arising out of SLP (C) Nos.19678681 of 2019) M/S DALMIA POWER LIMITED & ANR. Read more, https://www.latestlaws.com/latest-news/the-presumption-of-innocence-is-a-human-right/, Madras High Court has condoned the delay regarding limitation in filing of a criminal case primarily on the ground that value of cheque involved was very high. In 2007 the Supreme Court held that the law passed by the Karnataka Government did not comply with the guidelines established under the. The RTI will apply to CJI only when it is in the interest of the public and does not hamper the proceedings of the judiciary in any manner. The year also witnessed certain controversial judgments like the in the sexual harassment case against the CJI, response to the petitions filed against the detention of Kashmiris MLAs or the dismissal of the review petitions in the rafale case. .https://www.latestlaws.com/latest-news/order-in-open-court/, 9- HC:To do or not to do: Discharge in cheque bounce case under Negotiable Instruments Act (26 October 2019), Delhi High Court has appointed amicus for deciding the controversy as to whether the Trial Court can discharge an accused in summons case line cheque bounce under Negotiable Instruments Act. Read more, https://www.latestlaws.com/latest-news/suspension-of-sentence-in-section-138/, Madhya Pradesh High Court set aside the order of Appellate Court of denovo trial of a case. Later, another application was filed seeking condonation of delay in filing of the petition. Later, the Supreme Court in the case of Esha Bhattacharjee v. Raghunathpur Nafar Academy (2013) 12 SCC 649 reiterated the principles applicable to an application for condonation of delay. 6-High Court : No upper limit for interim compensation during the appeal (14 November 2019). Consumption of liquor in a public place, even if done in a private vehicle is an offense under the Act. : In response to the habeas corpus petition filed by the general secretary of the Communist Party of India, the Supreme Court allowed him to visit the detenu. The Court held that the powers delegated to the Center cannot be questioned and taken away on the mere possibility of misuse of such powers. Landmark judgments by the Supreme Court 2021 - Consumer Voice Read all Latest Updates on and about Condonation of Delay - LiveLaw PDF Item No.47 Court No.7 Section Iv-c S U P R E M E C O U R T O F I N D I 2019 term opinions of the Supreme Court of the United States Habeas corpus petitions filed against the detention of Kashmiri MLA, A state-wise ban was imposed on the State of Jammu and Kashmir after the Parliament abrogated. Read more.. https://www.latestlaws.com/latest-news/case-cannot-be-lodged-on-the-basis-of-stale-cheque/. Delhi High Court has held that bank has locus standi to bring a case of an offence under Section 138 NI Act even in respect of cheque issued in other's name but to discharge the liability of overdraft.. Read more. Read more https://www.latestlaws.com/latest-news/no-upper-limit-for-interim-compensation-during-the-appeal/, 7- High Court : Court cannot restore a complaint dismissed in default (14 November 2019), Tripura High Court held that Trial Court does not have any power to restore a complaint. was introduced in the Negotiable instruments Act, 1181 by way of amendment in 2018. : Section 148 applies to cases even when the criminal complaint under Section 138 was filed before the amendment of the Act. Read more.https://www.latestlaws.com/latest-news/complainant-cannot-file-revision-petition-against-acquittal-of-accused/, 43-Supreme Court: 138NI Act Proceedings Cannot Be Quashed On The Ground That Notice Not Served Within Statutory Period(05 September 2019), Recently, in the case of Kishore Sharma vs. Sachin Dubey, the Supreme Court held that the proceedings under Section 138 of the Negotiable Instruments Act (NI Act) cannot be quashed on the ground that the demand notice not duly served within the statutory period. Read morehttps://www.latestlaws.com/latest-news/accused-has-to-explain-as-to-how-his-cheque-entered-into-the-hands-of-the-complainant/, 33-Supreme Court : Appeal by Legal Heirs of a convict is permissible in law(24 September 2019), Supreme Court has held that Legal Heirs of a deceased accused have a right to challenge the conviction of their predecessor only for the purpose that he was not guilty of any offence. Union of India & Others, delivered on December 17, 2019, Justice R. Banumathi, Justice A.S Bopanna and Justice Hrishikesh Roy, at the Supreme Court, have Ruled in no uncertain words, that while considering condoning delay ultimate consideration should be to render even-handed justice to the parties, though by and large, a liberal approach is to . Read more https://www.latestlaws.com/latest-news/suspension-of-sentence-in-section-138/, 56-Section 138 NI Act: If Company is represented by accused director, charge need not be explained separately to the company(05 August 2019), Madhya Pradesh High Court set aside the order of Appellate Court of denovo trial of a case. Read morehttps://www.latestlaws.com/latest-news/cheque-bounce-case-on-non-cts/, 16- District Court :Accused cannot be discharged at the stage of Section 251 or 258 CrPC(16 October 2019), A district Court in Delhi has held that accused cannot be discharged in a summons case at the stage of Section 251 or 258 CrPC and therefore, it dismissed the revision petition. The amendment cannot also be called to be manifestly arbitrary in the absence of any materials on record stated the Madras High Court. The Supreme Court held that the FIR will not be quashed and the man is liable under the Bihar Excise Act, 2016. Read more.. https://www.latestlaws.com/latest-news/cross-examination-allowed-at-final-arguments/, Madhya Pradesh High Court has restored a cheque bounce case which was dismissed by the trial court for failure in depositing the process fee. The order clearly stated that the personal presence of Ambani and other officials in the next hearing cannot be dispensed with, whereas the order uploaded on the official website did not provide the same. Read more, https://www.latestlaws.com/latest-news/presumptions-in-cheque-bounce/. The Act established six major consumer rights, including the ability to: (iv) seek redress for unfair or restrictive practices. Read more.. https://www.latestlaws.com/latest-news/delivery-of-cheque/, 4- High Court : Amendment in Jurisdiction provision is a valid legislation (25 December 2019), There is no infirmity in the amendment. He then opened his first outlet in Chennai in 1981 and then there was no looking back for him, soon his restaurants had branches all over India and abroad as well. https://www.latestlaws.com/latest-news/section-148-ni-act-interim-compensation-during-appeal/, An heir of the deceased holder in due course of the cheque can bring an action on the basis of the cheque to recover the amount due thereon to the deceased holder by reason of the fact that he succeeds to the estate of the deceased holder by inheritance. The Supreme Court held that the deficiency that was noted in the 2002 Act have been fulfilled and the Reservation Act 2018 is thereby valid under Article 16(4A) of the Constitution. 2019: Supreme Court raises the bar with 10 landmark judgments and was thus unconstitutional. In two of the three appeals before the Supreme Court, the . Before the 2015 Amendment, the then Section 36 of the Act provided that an arbitral award could not be enforced if there was a pending petition and this was termed as the automatic stay. (Case name: Pattu Rajan and others v State of Tamil Nadu, decided on 29.03.2019). Death penalty was given for committing the crime of rape and murder of minor girls. The judgment of the High Court was appealed in the Supreme Court and was heard by a three bench judge. United States v. Paramount Pictures, Inc. Prima Paint Corp. v. Flood & Conklin Manufacturing Co. Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc. Revlon, Inc. v. MacAndrews & Forbes Holdings, Inc. Sony Corp. of America v. Universal City Studios, Inc. Feist Publications, Inc. v. Rural Telephone Service Company, Inc. Association for Molecular Pathology v. Myriad Genetics, Inc. Participate in interactive landmark Supreme Court cases that have shaped history and have an impact on law-abiding citizens today. https://www.latestlaws.com/latest-news/legal-demand-notice/. Different laws have different period of limitation for filing proceedings. Supreme Court on Condonation of Delay under S. 5 of Limitation Act M Siddiq through Lrs v Mahant Suresh Das and others. Section 184 of the Act was challenged because it gave the power of appointment and service conditions of members of a Tribunal, Appellate Tribunal and other authorities to the Central Government and thus was considered unconstitutional and arbitrary by the petitioners. (c) nos.1528015281 of 2019) superintending engineer/ dehar power house circle bhakra beas management board (pw) slapper & another .appellants versus excise and taxation officer, (Case name: Swiss Ribbons Pvt Ltd anr v Union of India, decided on 25.01.2019). In its judgment, the Supreme Court held that Section 148 of the Act should have retrospective effect and is thus also applicable for those complaints as well which were filed before the amendment took place. Read morehttps://www.latestlaws.com/latest-news/discharge-of-accused/, 17- High Court to examine the issue: Can the defence of non-CTS cheque be sustained? (15 October 2019), Delhi High Court has allowed a complainant to file appeal against acquittal of a person accused of cheque bounce case where the defence was that the said cheques were Non-CTS cheques and were not in circulation. Judgment: All the defendants held not guilty and the rafale deal upheld after the Court dismisses the review petitions filed. After 9 years and 40 days of continuous hearing, the Court gave one of the most crucial judgments. Read morehttps://www.latestlaws.com/latest-news/condition-precedent-for-suspending-the-sentence/, 45-Madras High Court : The presumption of innocence is a human right, acquittal of accused should not be easily disturbed(29 August 2019), Madras High Court has held that the presumption of innocence is a human right and in this case, when two Courts have acquitted the accused, the said presumption should not be easily dislodged and re-trial cannot be ordered. Read more https://www.latestlaws.com/latest-news/section-138-ni-act-legal-heir-of-payee-of-cheque-can-file-complaint/, 74- High Court : If demand notice is sent at wrong address, complaint cannot be maintained(03 July 2019), 75-High Court : Postal report showing addressee does not reside on the given address cannot be treated as service of demand notice(26 June 2019), Madhya Pradesh High Court has held that if demand notice sent by registered post is returned with a clear note that the addressee does not reside on the given address, it cannot be treated as 'served'.