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Supreme Court Reinstates Conviction in Cheque Dishonour Case, Modifies Sentence to Fine. Presumption Under Section 139 NI Act Favours Complainant Unless Rebutted by Probable Defence – High Court’s Acquittal Overturned

Presumption of Legally Enforceable Debt (Sections 118 & 139 NI Act): The Supreme Court reiterated that once the complainant proves the cheque...

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Supreme Court Allows Bank's Appeal, Holds Borrower of Project Loan Not a Consumer Under Consumer Protection Act, 1986. Loan availed for commercial purpose of film post-production excludes company from consumer definition under Section 2(1)(d)(ii).

The Supreme Court considered two appeals arising from an order of the National Consumer Disputes Redressal Commission (NCDRC) dated 30.08.2023. The ap...

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Supreme Court Dismisses Assessee's Appeal in Income Tax Deduction Case Under Section 43B Explanation 3C. Interest Converted into Debentures Not Deemed Actually Paid as Per Retrospective Amendment, Disallowing Deduction Under Income Tax Act, 1961.

The dispute arose from an appeal by M.M. Aqua Technologies Ltd. against the Commissioner of Income Tax, Delhi-III, concerning the interpretation of Se...

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Supreme Court Dismisses Appeals in Partition Suit Involving Compromise Decree Validity. Dispute pertained to joint family properties and a compromise decree under Order XXIII Rule 3 of Code of Civil Procedure, 1908, with allegations of sham nature.

The Supreme Court of India heard two civil appeals arising from a Division Bench judgment of the Madras High Court dated 23.11.2011, which had dismiss...

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Supreme Court Allows Appeal in Specific Performance Suit, Restores Trial Court's Decree for Money Recovery Instead of Specific Performance. The High Court erred in granting specific performance as the transaction was found to be a loan with collateral security under the Specific Relief Act, 1963.

The Supreme Court allowed the appeal by the subsequent purchasers (appellants) against the High Court's decree granting specific performance of an agr...

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Bombay High Court Dismisses Appeal for Specific Performance of Share Sale Agreement — Plaintiff Failed to Prove Readiness and Willingness to Perform Contract. MOU for Sale of Shares Held Not Enforceable as Plaintiff Did Not Show Financial Capacity to Pay Balance Consideration Within Stipulated Time.

The appellants, plaintiffs in the suit, filed an appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment of the trial Court...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Presumption under Section 139 of Negotiable Instruments Act, 1881 operates in favour of complainant once issuance and signature are admitted, shifting burden on accused to rebut.

The appellant, Pandurang Ramchandra Ghorpade, filed two criminal appeals against the acquittal of respondent No.1, Vijay Gopala Lohar, in two separate...

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Bombay High Court Directs State to Formulate Comprehensive Policy for Prevention of Farmer Suicides. Court holds that the State must provide ex-gratia assistance to families of farmers who committed suicide due to agricultural indebtedness, recognizing the constitutional duty under Article 21.

The judgment arises from a Public Interest Litigation initiated by a letter from the All India Bio Dynamic and Organic Farming Association to the Chie...