Supreme Court: In a case where the NCDRC had condoned a delay for a period beyond the prescribed statutory outer limit just before the decision of the Constitution Bench on 4 March 2020 wherein it was held that the consumer fora has no power and/or jurisdiction to accept the written statement beyond the statutory period prescribed under the Act, i.e., 45 days in all, the 3-judge bench of Dr . Registration of Amrapali under RERA Cancelled. However, restrictions were imposed on his meet and no justification was given to validate the detention imposed by the Central Government. Judgment: A three-judge bench held an inquiry against the former CJI, Mr. Ranjan Gogoi in the matter of sexual harassment allegations made against him by an ex-employee of the Court. In the Ericsson case, the reliance company owed Rs. 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. The group diverted the money to create personal assets for the directors of Amrapali and failed to complete the project on time. The ban imposed on the Bengali film was overturned and compensation was provided to the producers. 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. The Supreme Court has emphasised that the law shelters everyone under the same light and should not be swirled for the benefit of a few. Introduction Condonation of delay is a doctrine mentioned in the Limitation Act, 1963. 39602/2019 (Arising out of impugned final judgment and order dated 21-11-2012 in SA No. (Case name: Pattu Rajan and others v State of Tamil Nadu, decided on 29.03.2019). read more, https://www.latestlaws.com/latest-news/subsequent-addition-of-company-as-accused/, The Chhattisgarh High Court has observed that since the loan amount was within the capacity of the complainant who was getting regular salary, judgments on source of income would not apply. 10- High Court: Endorsements reading as the 'house is locked' or 'not available in the house' or 'shop is closed' or 'addressee not in station' also give rise to the presumption of service of demand notice (22 October 2019). Read more, https://www.latestlaws.com/latest-news/revision-not-maintainable/, Delhi High Court has refused to quash a cheque bounce case where factum of personal knowledge was not mentioned in the complaint and accused wanted dismissal of case on that ground. Read more, https://www.latestlaws.com/latest-news/belated-attempt-of-accused-to-lead-defence-evidence/. Gujarat High Court has observed that prima facie the provision does not authorize a court to strike off the defence of an accused if he fails to pay the interim compensation under Section-143A of NI Act. The SC has worked very well in 2021 to adjudicate consumer disputes that came before it. Karnataka High Court has held that if the legal demand notice was issued to the managing director then knowledge of company about the demand can be assumed and cheque bounce case can be maintained. 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. The Supreme Court was transformed this term by the departure of Justice Anthony M. Kennedy, its longtime swing vote, and the arrival of his more conservative successor, Justice Brett M. Kavanaugh. 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'. Read more, https://www.latestlaws.com/latest-news/fault-of-counsel-in-depositing-the-process-fee/, Supreme Court has observed that in the absence of any document/proof for sale-purchase of property, the claim that cheque was given towards consideration for the purchase of a property cannot be accepted.Read more, https://www.latestlaws.com/latest-news/documentary-proof-is-required-for-showing-the-liability/, Supreme Court has let an accused only with imposition of fine when it found that he is of old age and case was also old. : A three-judge bench held an inquiry against the former CJI, Mr. Ranjan Gogoi in the matter of sexual harassment allegations made against him by an ex-employee of the Court. However, the Court upheld the legal validity of Section 184 of the Finance Act, 2017. Read more, https://www.latestlaws.com/latest-news/defense-of-blank-signed-cheque-cannot-help-the-accuse/, The Bench of Justices R. Banumathi and Indira Banerjee, holds that the onus to rebut the presumption under Section 139 of the Negotiable Instruments Act that the cheque has been issued in discharge of a debt or liability is on the accused and the fact that the cheque might be post dated does not absolve the drawer of a cheque of the penal consequences of Section 138 of the Act. The Supreme Court, in a judgment delivered last month (16th December 2021), held that Section 5 of Limitation Act cannot be applied to condone the delay beyond the period prescribed under Section . The Government contended that the movie was politically sensitive and it may hurt some sentiments and cause disorder in the State. Read more, https://www.latestlaws.com/latest-news/amendment-in-jurisdiction-provision-is-a-valid-legislation, the society played a role only to facilitate its members in getting their houses constructed and the society had no liability as per Section 138 NI Act on the date of signing of the MOU. The amendment cannot also be called to be manifestly arbitrary in the absence of any materials on record stated the Madras High Court. Download PDF. The year started on a rather good note wherein the constitutional validity of Insolvency and Bankruptcy was upheld, reliance companies were held guilty of defrauding its creditors, owner, and founder of Saravana Bhavan, Mr. P Rajagopal was sentenced to life imprisonment in the case of murdering his ex-employee, the cinema ban in West Bengal was overturned and the producers were awarded compensation as well, death penalty was awarded for rape and murder of minor girls and many more. In a landmark decision 1, the Supreme Court of India ("Supreme Court") held that delay beyond 120 days in filing an appeal under section 37 of the Arbitration and Conciliation Act, 1996 ("Arbitration Act") was condonable.In doing so, the Supreme Court overruled its decision in N.V. International v.State of Assam 2.. Facts. Case is titled as M/S BLS INFRASTRUCTURE LIMITED vs M/S RAJWANT SINGH & ORS. Read more, https://www.latestlaws.com/latest-news/section-143a-even-in-pending-cases/, Bombay High Court has observed that it is open to a person to sign and deliver a blank or incomplete cheque and is equally open for the holder to fill up blanks and specify the amount therein. Read morehttps://www.latestlaws.com/latest-news/personal-knowledge-of-attorney/, 22- Kerala High Court : Woman tried to escape a cheque bounce case by blaming that her husband forged her signature on the cheque: She failed(13 October 2019), Kerala High Court has set aside an acquittal in a cheque bounce case where wife was claiming that her husband had forged her signature on the cheque, and it directed the trial court to make fresh consideration. Supreme Court has refused to impose costs on compounding where the accused was acquitted by the trial court but convicted by the high court and compounding arrived in appeal in the Supreme Court. 3 : Anil Ambani and the reliance companies held guilty of contempt for defaulting payment to its creditor, Ericsson as per the previous undertaking is given to the Court. Punjab and Haryana High Court has declined to set aside the order passed by the trial court whereby interim compensation was granted, though the accused was taking a ground of good defence. 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. Judgment: Public officials and the State Government are subject to the rule of law and cannot gag free speech due to fear of violence. (a) An application for condonation of delay should be drafted with careful concern and not in a haphazard manner harbouring the notion that the courts are required to condone delay on the bedrock of the principle that adjudication of a lis on merits is seminal to justice dispensation system. Read more, https://www.latestlaws.com/latest-news/no-separate-charge-to-company/. Kerala High Court has set aside an acquittal in a cheque bounce case where wife was claiming that her husband had forged her signature on the cheque, and it directed the trial court to make fresh consideration. Some of the significant judgments passed in the previous year are discussed below. The delay was condoned by the court on September 3, 2020, but soon after, on September 18, 2020, the Supreme Court in Sagufa . 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. The Court declared the ban as unconstitutional and held that women of all age groups would be granted the right to enter the temple. (b) An application for condonation of . Pujnab & Haryana High Court has held that interim compensation for cheque bounce cases cannot be granted by trial courts in cases which were already pending on the date of enforcement of Section-143-A NI Act. The Court also ordered that a suitable alternative land of 5 acres is to be allotted to the Sunni Waqf Board for construction of the mosque in Ayodhya itself. Read more..https://www.latestlaws.com/latest-news/legal-demand-notice-to-company/, 30-Allahabad High Court : Magistrate passed order on printed proforma, High Court quashed the order of summoning(28 September 2019), Allahabad High Court has quashed the summoning order in a cheque bounce case when it found that the order was passed on a printed proforma, however, it directed the trial court to pass the order afresh.
How Should You Approach A Controlled Intersection,
Nhiaa Softball Rules 2023,
Chipotle Piercing Policy,
Articles OTHER