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Landmark Judgments and Articles on Law

Whether court can issue process in cheque dishonour case only on the basis of affidavit of complainant?

 ALLAHABAD HIGH COURT Case :- APPLICATION U/S 482 No. – 14051 of 2008 Applicant :- Virendra Kumar Sharma Opposite Party :- State of U.P. and Another Hon’ble Sameer Jain,J. Order Date :- 8.12.2021 Case called out in the revised list. Despite service of notice, none…

Bombay HC has deprecated the practice of pronouncing Judgments in appeal against conviction in absence of the accused and then directing the trial court to issue the warrant against him

Bombay High Court JUSTICE Smt. Vibha Kankanwadi Fazal Khalil Ahemad Shaikh Vs. Nandkishor Ramnivasji Agrawal Anr. CRIMINAL APPLICATION NO. 2743 OF 2019 12th June 2020 Citation: 2020 NearLaw (BombayHC Aurangabad) Online 1582 1. Present application has been filed by the original accused for suspension of substantive…

Whether it is mandatory for Magistrate to examine witnesses before issue process in cheque dishonour case?

Supreme Court JUSTICE Dr. DHANANJAYA Y. CHANDRACHUD, JUSTICE A. S. BOPANNA Sunil Todi Ors. Vs. State of Gujarat Anr. Criminal Appeal No. 1446 of 2021 3rd December 2021 Author: Dr. Dhananjaya Y. Chandrachud, J. Citation: 2021 ALL SCR (ONLINE) 722 1. A Single Judge of the…

Madras HC: Scope of default Bail U/S 167 of CRPC during this period of Covid 19

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/05/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.5291 of 2020 Settu S/o.Govindaraj, Athaliyur Village, Mottur Post, Uthangarai Taluk,Krishnagiri…. Petitioner/Accused Vs. The State, rep.by The Inspector of Police, Vallam Police Station,Thanjavur…

Presumption of truth attached to record of right can not be rebutted by Oral evidence

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1511 OF 2020 (ARISING OUT OF SLP (CIVIL) NO. 725 OF 2017) SHRI PARTAP SINGH (DEAD) THROUGH LRS.& ORS. …..APPELLANT(S) VERSUS SHIV RAM (DEAD) THROUGH LRS. …..RESPONDENT(S) JUDGMENT HEMANT GUPTA, J. 1. The…

Whether prosecution for dishonour of cheque filed by Unregistered partnership firm is maintainable?

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH CRIMINAL APPLICATION (APPA) NO. 748 OF 2018 Narendra s/o Amarnathji Kalda, aged 46 years, Proprietor of M/s. Mata Sherawali Transport, R/o Shastrinagar, Chandrapur…. APPLICANT(Ori. Complainant) Versus Balbirsingh s/o Motisingh Chawhan, aged 60 years, R/o Madhuban…

Section 148 of NI Act is Retrospective in nature

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS.1936-1963 OF 2019 SURINDER SINGH DESWAL @ COL. S.S. DESWAL & ORS. … APPELLANTS VERSUS VIRENDER GANDHI & ANR. … RESPONDENTS J U D G M E N T ASHOK BHUSHAN, J. These appeals…

With Changed Facts And Circumstances Second Petition U/s 482 CrPC For Quashing A Complaint Maintainable

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(s).1157 OF 2019 (arising out of SLP(Crl.) No. 2663 of 2017) ANIL KHADKIWALA …APPELLANT(S) VERSUS STATE (GOVERNMENT OF NCT OF DELHI AND ANOTHER …RESPONDENT(S) JUDGMENT NAVIN SINHA, J. The application preferred by the appellant…

Whether agreement entered in mediation can be used as evidence in criminal case?

IN THE HIGH COURT OF KERALA Crl. M.C. No. 1864 of 2014 Decided On: 10.07.2014 Sreelal Vs. Murali Menon Hon’ble Judges/Coram: K. Ramakrishnan, J. 1. This is an application filed by the petitioner, who is the complainant in C.C. No. 4202 of 2009 on the…

When court should reject application for referring cheque to handwriting expert in cheque dishonour case?

IN THE HIGH COURT OF BOMBAY AT GOA Criminal Writ Petition No. 132 of 2015 Decided On: 09.01.2018 The Quepem Urban Co-op. Credit Society Vs. Seby Noronha and Ors. Hon’ble Judges/Coram: C.V. Bhadang, J. Citation: 2018(6) MHLJ 263 1. The challenge in this petition under…

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