Know the Law
NI Act| Company's Authorized Signatory Not "Drawer" Of Cheque, Not Liable To Pay Interim Compensation Under Sec.143A : Bombay High Court
The Bombay High Court recently held that authorised signatory of a company who signs a cheque on its behalf is not the "drawer" of the cheque and hence such signatory is not liable to pay interim compensation under section 143A of the Negotiable Instruments Act, 1881 in a case for dishonour of cheque."The signatory of the cheque, authorized by the "Company", is not the drawer in terms of...
Compassionate Appointment : Supreme Court Summarises Principles
The Supreme Court, recently, held that since compassionate appointment is not a vested right. A claim for compassionate appointment by the dependent of the deceased employee may not be entertained after a lapse of a considerable period since the death. The Court opined - “...the operation of a policy/scheme for compassionate appointment is founded on considerations of immediacy. A sense...
Section 313 CrPC : Supreme Court Summarises 10 Well-Settled Principles
Recently, the Supreme Court briefly summarised the settled principles with respect to Section 313 Code of Criminal Procedure, 1973. The provision deals with the power to examine the accused. The Trial Court is vested with the power to put questions to the accused at any stage of the trial to enable them to explain any circumstances appearing in evidence against him. It is the duty of the Court...
“Section 27” Of The Evidence Act And The Verdict In “Pulukuri Kottaya” Continue To Elude The Comprehension Of Many Judges At All Levels
A “confession” made to a “police officer”, by a person (presently or subsequently) accused of an offence cannot be proved against him and is, therefore, inadmissible in evidence before a Court of law in view of Section 25 of the Indian Evidence Act, 1872 (“Evidence Act” for short). Similarly, a confession by a person (presently or subsequently) accused of an offence and made...
Explained: What Happens To Order Of Conviction When Juvenility Of Accused Is Proved Under Juvenile Justice Act?
Under the Juvenile Justice (Care and Protection of Children) Act, 2015, a person accused of an offence at any stage can raise a claim that he or she was a minor on the date of the commission of offence. The court is legally bound to order an inquiry to determine the age and if the claim of juvenility is proved, the accused is to be forwarded to the Juvenile Justice Board for appropriate...
Explained: Why Is There No End In Sight For DMRC-Reliance Infra Dispute Despite Court Orders?
Delhi Metro Rail Corporation (DMRC) and Reliance Infra-owned Delhi Airport Metro Express Private Limited (DAMEPL) are engaged in a long-drawn battle over an arbitral award which attained finality in 2021 when Supreme Court ruled in favour of the latter. DMRC, which is owned by both the union government and Delhi government, has failed to pay the award money to DAMEPL despite multiple orders...
Manish Sisodia Sent To CBI Custody For Not Giving 'Satisfactory Answers': What Have Courts Said On Right Against Self Incrimination & Power To Arrest?
A Court on Monday remanded Aam Aadmi Party leader and Delhi Deputy Chief Minister Manish Sisodia to CBI custody for five days in the Delhi liquor policy scam case. Sisodia’s legal team, while opposing CBI’s application seeking custody, laid emphasis on the alleged violation of Section 41 and Section 41-A CrPC.It was also argued that he cannot be remanded to CBI custody for the purposes...
Explained | UAPA, Extension Of Period Of Investigation Beyond 90 Days & Court's Duty
Unlawful Activities (Prevention) Act, 1967 is a stringent law that makes it almost impossible for an accused under it to get bail. As a result, undertrials continue to languish in jail for years, sometimes even without charges having been framed by the court.The Act has been repeatedly invoked against activists and protestors in recent years. But special provisions on bail aren’t the only...
Why Are POCSO Act's Provisions On Mandatory Reporting Under Challenge?
Delhi High Court on Tuesday issued a notice on a public interest litigation challenging the provisions of Protection of Children from Sexual Offences (POCSO) Act, 2012, that pertain to mandatory reporting of suspected sexual abuse of minors. The petition filed by a lawyer particularly challenges the mandatory reporting in context of consensual sex between minors.In recent years, there has been...
Section 319 CrPC : Supreme Court Reiterates Procedural Safeguards To Prevent Misuse Of Power To Summon Additional Accused
The Supreme Court has observed that procedural safeguards can be put in place to prevent the frequent misuse of power to summon additional accused under Section 319 Code of Criminal Procedure, 1973. A Bench comprising Justice Surya Kant and Justice J.K. Maheshwari, while deciding a Criminal Appeal challenging the order of the Punjab and Haryana High Court that had allowed an application...
Disputed Paternity: When Can Courts Order DNA Test In Matrimonial Cases Involving Allegations Of Adultery? EXPLAINED
Courts in India are witness to bitter matrimonial disputes and the children often become victims in the battles of their own parents. The fact that a child was born during the subsistence of a valid marriage is legally considered a conclusive proof of the “legitimacy” of the child, unless proven otherwise. However, the courts often have to deal with applications questioning the paternity...