Important Judgments of Supreme Court 2023

  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...

 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be revoked in any of the cases (save want or failure of consideration) in which, if it were a contract, it might be rescinded.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