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Monday, December 11, 2023

Letter and Spirit both relevant in contempt cases

In Lakshman Prasad Agarwal v. Syed Mohd. Karim, (2020) 17 SCC 826, this Hon'ble Court has held that "The High Court also rejected and, in our view, very correctly the said contention. It is relevant to state here that in a proceeding when an order is passed by the court where the question of compliance or non-compliance of the same arises, not merely the letter of the order but also its spirit is to be understood and the plea of bona fide or genuine belief taken on the part of the contemnor is to be adjudicated on that basis."

 

Monday, October 16, 2023

Where the complaint is time barred, S.319 CrPC cannot be invoked

N. Harihara Krishnan v. J. Thomas, (2018) 13 SCC 663 

Re: FIR lodged to pre-empt Section 138 NI Act Case - quashed

Such cases to be tried together rather than quashing
Pareshbhai Amrutlal Patel v. State of Gujarat, (2020) 12 SCC 569 



FIR lodged to pre-empt Section 138 NI Act Case - quashed

Sunil Kumar v. Escorts Yamaha Motors Ltd., (1999) 8 SCC 468 

Saturday, October 14, 2023

Partner continues to be liable after resignation unless he gives publ

Partner continues to be liable after resignation unless he gives public notice

Union Bank of India v. Six Star Hosieries, 2001 SCC OnLine Mad 1000 

2023 SCC OnLine SC 1275 | Burden of Proof - In Section 138 Cases