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05/12/2022

Section 138 NI Act - No Vicarious Liability For Cheque Dishonour Merely Beacuse A Person Was A Partner Or Stood Guarantor For Loan : Supreme Court.

The Supreme Court on Monday held that a person cannot be convicted for the offence of dishonour of cheque under Section 138 of the Negotiable Instruments Act merely because he was a partner of the firm which had taken the loan or that he stood as a guarantor for such a loan.

Vicarious liability under Section 141 of the NI Act cannot be fastened upon a person merely because the civil liability under the Partnership Act falls upon the partner, the Court said in this case Dilip Hariramani vs Bank of Baroda.

Case Title : Dilip Hariramani vs Bank of Baroda

Citation : 2022 LiveLaw (SC) 457

Appearances for the Petitioner – Mr. Pramod Kr. Dubey, Senior Advocate with Mr. Ravi Sharma, Ms. Pinky Dubey, Mrs. Madhulika Rai Sharma, Mr. Anurag Andley, Mr. Shashank Dewan, Mr. Prince Kumar and Ms. Anjani Kumar Rai

Appearances for Respondent – Ms. Praveen Gautam, Mr. Pawan Shukla, Mr. Raja Ram, Mr Aman S. Sharma, Mr. Anand Rastogi

01/17/2022

VERY IMPORTANT DECISIONS

SUPREME COURT OF INDIA
Abetment of su***de - Evidence does not indicate deceased faced persistent harassment from her husband - Accused not guilty of abetting su***de of his wife/deceased - Accused acquitted. (File No.74917)

SUPREME COURT OF INDIA
Admission - Will - Where a party admits ex*****on of document in the nature of a Will which is otherwise proved in accordance with S.63 of Succession Act and S.68 of Evidence Act, it becomes a relevant fact duly proved in the absence of any discretion by Court. (File No.76285)

MADHYA PRADESH HIGH COURT
Anticipatory bail - Application is maintainable even if a person has been declared as P.O. (File No.74989)

SUPREME COURT OF INDIA
Arbitral award - Pendente lite interest - If contract contains a specific clause which expressly bars payment of interest, then it is not open for arbitrator to grant pendente lite interest. (2021(3) Apex Court Judgments 728 (S.C.)

SUPREME COURT OF INDIA
Bail - Appeal against - High Court misapplied law to facts in arriving at a decision for grant of bail to accused - Bail granted to accused cancelled. (File No.74974)

CHHATTISGARH HIGH COURT
Complaint - Returned for presentation to proper Court - Revision against - No necessity to give proposed accused person any opportunity of hearing. (File No.76395)

ALLAHABAD HIGH COURT
Criminal trial - Alibi - If prosecution fails to prove its case beyond reasonable doubt then burden to prove plea of alibi taken by accused does not shift upon accused. (File No.76398)

SUPREME COURT OF INDIA
Dishonour of cheque - There is no requirement of a loan agreement to be executed separately as any alternative nature of transaction was never stated. (2021(3) Apex Court Judgments 059 (S.C.)

Expert opinion - Age of ink - Document alleged to be signed in 2008 and not in 2012 - Mere determination of age of ink/writing by an expert will not clinch the issue as to when exactly the maker has written/signed the document. (2019(2) Civil Court Cases 620 (T&A)

01/16/2022

Supreme Court of India
Kapil Agarwal vs Sanjay Sharma on 1 March, 2021

Criminal Procedure Code, 1973, S.210 - Complaint and FIR in respect of same offence - Merely because on same set of facts with same allegations and averments earlier complaint is filed, there is no bar to lodge FIR with police station with same allegations and averments.