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Monday, August 27, 2018

A candidate who appears in an examination without objection cannot challenge later on being unsuccessful

It is a well settled principle of law that when a candidate appears in an examination without objection and is subsequently found to be not successful a challenge to the process is precluded. In a recent judgment in Ashok Kumar & Anr. v. State of Bihar & Ors.  (2017 4 SCC 357) this principle has been re-emphasised by referring to the earlier judgments on this point starting from Chandra Prakash Tiwari v. Shakuntala Shukla (2002 6 SCC 127)

Gurmeet Pal Singh (2018) 7 SCC 260

Gross Injustice - Alternative Remedy argument should give way to Art 226





State of Tripura v. Manoranjan Chakraborty (2001) 10 SCC 740

Tuesday, July 31, 2018

Cheque bouncing

A. Can a person be convicted under S. 138 NI Act due to a mismatch of signature?
  
     Yes. 3 cases to substantiate the same
  1. Laxmi Dyechem v. State of Gujarat  (2012) 13 SCC [para. 16, para. 16.1, para. 16.2, para. 30, para. 31]  
  2. Om Prakash Singh v. State of UP (2015) 89 ACC 497 [para. 12-16
  3. Sushil Kr. Mondal v. Probodh Dihingia (2015) 5 GLR 825 [Page 827 relevant]
B. Can a person be convicted under S. 138 NI Act if cheque bounces due to "account closed"?

Yes, he can be. "Account closed" would amount to returning the cheque unpaid because the amount of money standing to the credit of that account is insufficient to honour the cheque as envisaged u/S. 138 of the Act. 

(As held in the case of NEPC Micon Ltd. v. Magma Leasing Ltd. [Pages 253, 254 relevant]) 

Saturday, June 30, 2018

Power of High Court to cancel bail

Gulabrao Baburao Deokar v. State of Maharashtra, (2013) 16 SCC 190 : (2014) 6 SCC (Cri) 232 : 2013 SCC OnLine SC 1116 at page 204

27. Thus it could certainly be said that the order passed by the Sessions Judge was an order passed in breach of the mandatory requirement of the proviso to Section 439(1) CrPC. It is also an order ignoring the material on record, and therefore without any justification and perverse. As held by this Court in Puran v. Rambilas [(2001) 6 SCC 338 : 2001 SCC (Cri) 1124] , the High Court does have the power under Section 439(2) CrPC to set aside an unjustified, illegal or perverse order granting bail. This is an independent ground for cancellation as against ground of the accused misconducting himself.