Insights Archives 02

This section covers the news and articles concerning legal development, analysis on special cases and much more. This page will be a passage to plethora of information and knowledge that you wish to access. Feel free to explore this page and you may navigate to the recent articles through the links given below.

The Hon'ble Supreme Court overruled the Dashrath Rupsingh Rathod case wrt the territorial jurisdiction for initiating proceedings emerging from the dishonour of the cheque and held that the place where a cheque is delivered for collection would determine the place of territorial jurisdiction. It further gave the Negotiable Instrument Act Ordinance 2015 a Retrospective effect. Giving dowry at or about the time of wedding does not in any way raise a presumption that such property was entrusted to close relatives of the husband so as to attract Offence under Dowry Act. In view of amicable marital settlement between the parties, the Hon'ble High Court of Madhya Pradesh compounded the offence and quashed the proceeding even though some of the offences mentioned in the FIR were non compoundable in nature. Sanction from appropriate government under section 197 Cr.P.C is essential before prosecuting a public servant for the offence committed by him during discharge of his official duty. The Hon'ble High Court of Madhya Pradesh held that it would be travesty of justice and abuse of process of law if the relatives of the accused husband are made to undergo the rigmarole of a criminal trial for the offence u/s 498-A IPC in the absence of specific and credible allegations with necessary particulars, against them. Matter relating to Aadhaar Card referred to larger bench of Supreme Court. The Apex Court while passing an interim order held that the production of an Aadhaar card will not be a condition for obtaining any benefits otherwise due to a citizen and it cannot be used by the authorities for any purpose other than the PDS Scheme and LPG distribution Scheme. The Hon'ble Supreme Court held that the Facebook page of Traffic Police, Bangalore is a public forum meant for helping the public to put forth their grievances and the act of posting a comment on the Facebook page of Government machinery may not attract ingredients of Criminal Intimidation under section Section 503 Indian Penal Code. The Hon'ble Supreme Court declared National Judicial Appointments Commission (NJAC) as unconstitutional. The Hon'ble Supreme Court has held that it is not necessary for an accused to first file a regular Bail Application before a Magistrate having jurisdiction, and get it rejected for the purpose of approaching the Sessions Court or High Court for bail. The supreme court stayed the Bombay High Court's order wherein levy of service tax on lawyers was dismissed. Registration of documents in Madhya Pradesh shall be done only by means of "E- Registration" through the Department's Electronic Registration System – "SAMPADA" The apex court judges declared Section 66A of the Information Technology (IT) Act, 2000 unconstitutional. The Supreme Court held that condemned prisoners also have a right to dignity and execution of death sentence cannot be carried out in a arbitrary, hurried and secret manner without allowing the convicts to exhaust all legal remedies. The Negotiable Instruments (Amendment) Ordinance, 2015 – Specifying the Territorial Jurisdiction of Courts. The Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 passed on 26th May 2015 with the objectives of dealing with the problems and procedures of the black money that is undisclosed foreign income and assets, and to provide for imposition of Tax on any undisclosed foreign income and assets held outside India. Hon'ble High Court of Kerela held that in Anticipatory Bail, direction to surrender is illegal.