Posts

Supreme Court -S.138 NI Act - Cheque Dishonor Complaint Can't Be Transferred At The Instance Of Accused

  The Supreme Court has held the that transfer of a case for the offence of dishonour of cheque under S. 138 of the Negotiable Instruments Act 1881 cannot be sought at the instance of the accused. The bench of Justices AS Oka and Rajesh Bindal dismissed a transfer petition sought at the behest of the accused involved in the offence under S. 138 NIA. Justice Oka remarked that while the accused can seek for exemption from personal appearance, a transfer petition cannot be filed by him/her. "At the instance of the accused, we cannot issue order of transfer of a complaint under Section 138 of the Negotiable Instruments Act, 1881. The petitioner can always apply for grant of exemption from personal appearance to the concerned Court," the bench observed dismissing the petition. "I have been a party to a dozen of such matters where I have rejected such transfer petitions," Justice Oka orally said, https://www.livelaw.in/top-stories/s138-ni-act-cheque-dishonour-complaint-ca...
Post a Comment
Read more

Gift Deed cannot be unilaterally cancelled By Donor after Acceptance? Kerala High Court

 R.S.A.No.421 of 2003 12TH DAY OF JUNE 2024 KAKKOTH RADHA & ANS VS/  BATHAKKATHALAKKAL BATLAK ANS https://www.livelaw.in/pdf_upload/2130000042120031-545930.pdf “126. When gift may be suspended or revoked. The donor and donee may agree that on the happening of any specified event which does not depend on the will of the donor a gift shall be suspended or revoked; but a gift which the parties agree shall be revocable wholly or in part, at the mere will of the donor, is void wholly or in part, as the case may be. A gift may also be revoked in any of the cases (save want or failure of consideration) in which, if it were a contract, it might be rescinded. Save as aforesaid, a gift cannot be revoked. Nothing contained in this section shall be deemed to affect the rights of transferees for consideration without notice.” 34. In Thota Ganga L
Post a Comment
Read more

Un-pleasant Development in Calcutta High Court

Introduction Brief overview of the recent developments in the Calcutta High Court. Introduction to Justice Abhijit Gangopadhyay and his current situation. Mention of the implications these events have on the judiciary. Justice Abhijit Gangopadhyay's Case Background: Justice Gangopadhyay's role and decisions before retirement. Description of the petition filed against the Election Commission's order. Analysis of the impact of a former judge seeking justice. Judicial Independence and Ideology Example of the judge's farewell speech and declared ideology. Discussion on the expected neutrality of judges. The challenge of separating personal beliefs from judicial decisions. Faith in Judiciary vs. Judicial Conduct The traditional faith in the judiciary as a pillar of the state. The complexity of assessing a judge's conduct post-retirement. Impact on public perception and legal professionals' trust. Critical Analysis of Recent Developments Examination of how these incid...
Post a Comment
Read more

Criminal Death Sentence reversed Appeal Allowed. Conviction Set aside

  CRIMINAL APPEAL NOS.1636-1637 OF 2023  (Arising out of SLP(Crl.) Nos.11009-11010/2015) 19th May, 2023  Prakash Nishad @ Kewat Zinak Nishad … Appellant  Versus  State of Maharashtra … Respondent The following issues arise for consideration in the present appeals :  1) Whether non-recording of a disclosure statement of the appellant in the language in which it is made and recording of the same in a language totally unknown to the appellant, contents 2 whereof are also not read over and explained to him, can be said to have caused any prejudice to the cause of justice?  2) Whether DNA evidence can form the solitary basis in determining the guilt of the appellant?  3) Whether the circumstances as identified and relied on by the prosecution indeed point to the guilt only of the appellant, closing out any and all other possibilities of any other person? n\ Pattu Rajan v. State of T.N.8,  as under;  “52. Like all other opinion evidence, the p...
Post a Comment
Read more