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Minor Penalty Must Relate Back To Initial Termination Date; Decades Of ‘Apathetic Pen-Pushing’ Can’t Deprive Employee Of Promotional & Pensionary Benefits: Supreme Court

Introduction In a stern indictment of administrative apathy and procedural red tape, the Supreme Court of India held that where a major penalty of removal from service is subsequently modified to a minor penalty, the punishment must relate back to the date of initial termination rather than the date of any subsequent illegal order. A […]

Availability Of Revision Under Section 397 CrPC No Bar To Inherent Powers Under Section 482; Non-Service Of Opportunity Notice Fatal To FERA Prosecution: Supreme Court

Introduction In a significant judgment reaffirming the expansive breadth of the High Court’s inherent jurisdiction and reinforcing procedural safeguards under penal statutes, the Supreme Court of India quashed a 2002 criminal complaint initiated under the erstwhile Foreign Exchange Regulation Act, 1973 (FERA) against Standard Chartered Bank. A Division Bench comprising Justice J.B. Pardiwala and Justice

Supreme Court Quashes Perjury Prosecution Against Advocate & Client Over ‘Typographical Errors’; Holds ‘Wrong Statement’ Does Not Automatically Amount To ‘False Statement’ Under Section 340 CrPC

The Supreme Court of India has categorically ruled that a mere ‘wrong statement’ arising out of inadvertent typographical errors in legal pleadings cannot constitute the basis for directing criminal prosecution for perjury under Section 340 of the Code of Criminal Procedure, 1973 (CrPC). In a significant relief to legal practitioners and litigants alike, a Division

Revisional Jurisdiction Under Section 115 CPC Cannot Be Used To Overturn Concurrent Findings On Bona Fide Requirement: Supreme Court

Introduction In a significant judgment clarifying the boundaries of revisional jurisdiction in rent control matters, the Supreme Court of India has held that High Courts exercising power under Section 115 of the Code of Civil Procedure, 1908 (CPC) cannot act as courts of first appeal to re-appreciate evidence and overturn concurrent factual findings of subordinate

Decoding the Fine Print: Supreme Court Settles Multi-Crore Divorce Dispute Over Child Maintenance

2. At a Glance (TL;DR Summary) 3. The Background (The Facts) The husband and wife finalized their divorce by mutual consent in 2015, signing a detailed financial settlement agreement. This agreement contained three critical clauses regarding how the husband would financially support their son. Clause 8 required the husband to pay a massive total lump

Chapter 17: The Negotiable Instruments Act, 1881

Chapter XVII: Of Penalties in Case of Dishonour of Certain Cheques for Insufficiency of Funds in the Accounts Section 138: Dishonour of cheque for insufficiency, etc., of funds in the account This is the central provision making cheque bouncing a criminal offence punishable by imprisonment or fine. 1. The Offence Defined (Three Conditions): 2. Punishment:

Chapter 15: The Negotiable Instruments Act, 1881

Chapter XV: Of Bills in Sets Section 132: Set of bills This section addresses Bills of Exchange that are created in multiple identical parts for security and safe transmission. 1. Creating Multiple Parts: 2. Extinguishment of the Set: 3. Exception (Accepting Different Parts):

Chapter 14: The Negotiable Instruments Act, 1881

Chapter XIV: Of Crossed Cheques Section 123: Cheque crossed generally This section defines the most common form of security crossing, where payment must be handled through a bank. 1. General Crossing Definition: Section 124: Cheque crossed specially This section defines a crossing that is even more restrictive, directing the payment to a specific bank only.