NCLAT reaffirms: IBC is not a Debt Recovery Mechanism Holds that such an interpretation would undermine the purpose and scope of the Act The Chennai Bench of the National Company Law Appellate...
Supreme Court Explains Deposit of Minimum 20% Amount Not a Rule under Sec 148 of Negotiable Instruments Act It can be relaxed in cases warranting a grant of suspension of sentence The Supreme...
Supreme Court sets aside Andhra Pradesh High Court Judgment in Cheque Bounce Case States that it could be quashed under Section 482 if the amount was patently non-recoverable The Supreme Court...
Supreme Court rules that a person can't be indicted for cheque default only because of managing company’s business Explains there cannot be any vicarious liability when it comes to a penal...
Supreme Court: Concurrent sentencing will merit only if conviction arises out of single transaction The petitioner had challenged the consecutive sentences ordered for 4 cases against her under the...
Delhi High Court: In NI Act cases metropolitan magistrate’s powers can’t be usurped by parties with malafide intentions Holds the Parliament enacted the statute with the aim of expediting trial in...
Supreme Court allows proceedings against non-signatory to dishonored cheque Earlier, the Madras High Court had refused to quash the action against the joint-account holder stating the issue be...
Supreme Court: In Cheque Dishonor Case, Interim Compensation Can Be Ordered Only After Accused Pleads Not Guilty It was hearing a Special Leave Petition against the order of the Allahabad High...
Madras High Court makes e-filing mandatory for District Courts dealing with cheque bounce cases The detailed guidelines and a user manual prepared by the Supreme Court e-committee are available on...
Allahabad High Court: Notice cannot be faulted under Negotiable Instruments Act The matter arose due to ‘insufficient funds’ in the bank, following the after-effects of the Covid-19 pandemic ...
Supreme Court to examine non-signatory joint-account holder’s prosecution in dishonoured cheque The petitioners had argued that the Madras High Court refused to quash the proceedings and stated the...
Authorised signatory cannot be treated as Drawer of cheque for the purpose of interim compensation for dishonour of cheque: Bombay High Court Observes that the 'drawer' cannot be interpreted to...
