The law pertaining to cheques being dishonoured is known as the Negotiable Instrument Act, of 1881, or N.I. Act. A bill of exchange drawn on a designated banker and payable on demand is what the Act defines as a “cheque” for the purposes of Section 6. Section 138 of NI Act 1881 states that dishonouring cheques carries …
The idea of a bounced cheque and how it affects your bank accounts’ financial records is not foreign to you. When a cheque bounces, people are more likely to become victims of it and become caught in a vicious cycle of needing help from a bank, during which time the person who wrote the cheque is held responsible …
High Courts have the authority to grant directions, orders, or writs, including prohibitions, quo warranto, certiorari, mandamus, and habeas corpus writs, to any person or authority, including the Government in appropriate cases, within the territories over which they have jurisdiction. These writs may be used to enforce any of the rights guaranteed by the Indian …
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The High Court can quash a FIR if it believes the person is innocent and has been falsely implicated. A High Court can overturn the FIR because it is a false case and order the police to release the aggrieved person if he has been arrested. Legal Provision Section 482 of the Code of Criminal …
Matrimonial Disputes refer to disputes between husband and wife or between spouses. It can result in divorce, nullity of marriage, maintenance for wife and child, custody or guardianship of child, judicial separation, permanent alimony, settlement, and other outcomes. Legal provision Section 482 of the Code is a saving clause that declares the High Court’s inherent …
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Section 420 IPC is a serious form of cheating that includes inducement (leading or moving someone to do something) in the form of the delivery of property or valuable securities. This section also applies to cases in which property is destroyed as a result of fraud or inducement. This section provides for punishment for cheating, …
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The enactment of the New criminal law by Indian Parliament out of which the Bharatiya Nyay Sanhita, 2023 (BNS) marks a significant overhaul of India’s criminal justice system, aiming to replace the colonial/old Indian Penal Code (IPC) of 1860 which was administered by Brithshers. While the new law promises a modernized approach to criminal law, …
The President of India assented to the Bhartiya Nyaya (second) Sanhita Bill 2023 on December 25, 2023. The Bhartiya Nyaya Sanhita Bill 2023 (BNS) is one of three criminal bills submitted by the Union Government to replace the 1860 Indian Penal Code (IPC). These three laws go into effect on July 1, 2024. Terrorist acts …
Quashing an FIR under Section 376 of the Indian Penal Code (IPC), particularly in matrimonial disputes, is a complex legal process. While cases under Section 376 IPC are rarely quashed in ordinary circumstances due to the gravity of the offense, there are some exceptions based on specific circumstances. In a recent case, the Delhi High …
The Act seeks to address developing challenges like as cybercrimes, crimes against women, and technology improvements while adhering to international best practices and human rights standards. This act is a critical step towards ensuring India’s criminal justice system is fair, efficient, and effective, with far-reaching ramifications for human rights and the rule of law. Key …
