Supreme Court on Liability of Directors of Companies in Cheque Dishonor Cases

Supreme Court of India on Arbitrability of Fraud: In the case of N.N. Global Mercantile Pvt. Ltd. v. Indo Unique Flame Ltd. and Others, 2021 SCC OnLine SC 13, the Supreme Court dealt with the following question: - Whether an arbitration agreement would be non-existent in law, invalid or un-enforceable, if the underlying contract was not stamped as per the relevant Stamp Act; and, whether allegations of fraudulent invocation of the bank guarantee furnished under the substantive contract, would be an arbitrable dispute. Thus, there are following sub-issues involved in this case: - What is the validity of an unstamped Arbitration Agreement? Whether allegation of a fraud is an arbitrable dispute? What is the maintainability of Writ Petition under Articles 226 and 227 of Constitution of India to challenge an Order rejecting an application for reference to arbitration under Section 8 of the Arbitration Act? Please subscribe and follow us on YouTube, Instagram, iTunes, Twitter, LinkedIn, by Legal Talks by Desikanoon

13 min listen

Brief Analysis of Disaster Management Act, 2005 of India: This episode is the first episode of the Show providing a brief description about the Show, details of the hosts and in the later part, a brief analysis of the Disaster Management, 2005, of India has been done in light of the fact that the same has been invoked recently in India due to the ongoing COVID-19 Pandemic. by Legal Talks by Desikanoon

39 min listen

Supreme Court of India on Homeopathy and its relevance in Covid-19: To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/01/homeopathy-covid-19-medicine-system-government-ayush-ministry-quack.html Please subscribe and follow us on YouTube, iTunes, Twitter, LinkedIn, Discord, Telegram and Facebook. Credits: Song: Cartoon - Howling (Ft. Asena)[NCS Release] Music provided by NoCopyrightSounds Free Download/Stream: http://ncs.io/Howling Stay tuned for more updates. Thanks for watching! by Legal Talks by Desikanoon

7 min listen

Supreme Court of India on Consensual Affairs and Kidnapping: Today we will discuss the case of Anversinh alias Kiransinh Fatesinh Zala v. State of Gujarat, 2021 SCC OnLine SC 19, wherein the victim/prosecutrix who was a sixteen (16) year old girl did not return to her home on 14.05.1998. The father of the Prosecutrix made efforts to trace her but no avail leading to lodging of Police Complaint on 16.05.1998 whereafter the Police located the Prosecutrix and the Accused (18-19 years old) from a Farmhouse. Charges under Section 363 (Punishment for Kidnapping), 366 (Kidnapping, abducting or inducing woman to compel her marriage, etc.) and 376 (Punishment for Rape) of the Indian Penal Code, 1860 (in short, “IPC”) were framed against the Accused/Appellant. To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/01/supreme-court-consensual-affair-kidnapping-rape-abduction-anversinh-zala-gujarat.html Please subscribe and follow us on YouTube, Instagram, iTunes, Twitt by Legal Talks by Desikanoon

10 min listen

What are the possible steps that could be taken in case a theft occurs on a Train/Railways in India?: In this show, we will try to understand the the possible steps that could be taken in case a theft occurs on a Train/Railways. by Legal Talks by Desikanoon

6 min listen

Supreme Court on Senior Citizens Act, Domestic Violence Act and their Interpretation: In the present show, we shall discuss a latest judicial pronouncement by the Hon’ble Supreme Court of India, S. Vanitha v. Deputy Commissioner, Bengaluru Urban District and Others, 2020 SCC OnLine SC 1023, wherein the scheme of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (in short, “Senior Citizens Act”) and how the same has to be construed qua other enactments, was discussed by the Court. by Legal Talks by Desikanoon

15 min listen

Supreme Court on Interpretation of Insolvency and Bankruptcy Code: Today we will discuss another judicial pronouncement by the Hon’ble Supreme Court of India, namely, Lalit Kumar Jain v. Union of India & Others, 2021 SCC OnLine SC 396, wherein interpretation of certain provisions of the Insolvency and Bankruptcy Code, 2016 was involved. To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/06/insolvency-bankruptcy-code-ibc-interpretation-golden-rule-literal-purposive-interpretative-process-supreme-court.html Please subscribe and follow us on YouTube, Instagram, iTunes, Twitter, LinkedIn, Discord, Telegram and Facebook. Credits: Music by Wataboi from Pixabay Stay tuned for more updates. Thanks for listening! by Legal Talks by Desikanoon

15 min listen

Supreme Court on Law of Contract and Acceptance of a Conditional Offer: In the case that we are going to discuss today, M/s Padia Timber Company (P) Ltd. v. The Board of Trustees of Vishakhapatnam Port through its Secretary, Civil Appeal No. 7469/2008, the Hon’ble Supreme Court of India answered the following question: - Whether the acceptance of a conditional offer with a further condition results in a concluded contract, irrespective of whether the offerer accepts the further condition proposed by the acceptor? by Legal Talks by Desikanoon

11 min listen

What do the Courts say in relation to Theft occurring on the Trains/Railways?: In the present episode, we shall endeavour to understand the relevant legal provisions and judicial pronouncements in this respect. by Legal Talks by Desikanoon

13 min listen

Supreme Court on pasting posters on the houses of Covid-19 patients in India: Today, we shall discuss another interesting judicial pronouncement, Kush Kalra v. Union of India & Others, Writ Petition (Civil) No. 1213/2020, by the Supreme Court of India, wherein vide Judgment dated 09.12.2020, the Hon’ble Court looked into an important question relating to pasting of posters against the houses of Covid-19 patients. by Legal Talks by Desikanoon

8 min listen

What is the meaning of Dying Declaration and how reliable is it considered by the Courts?: This video talks about the meaning of dying declarations and the test of reliability in relation to dying declarations propounded by the Courts of India. It also discusses the Rule of Caution connected with the issue. In short, a Dying Declaration is a statement by a person who believes that death is imminent or is relating to the cause or circumstances of the person’s impending death. Such a statement is admissible in evidence as an exception to the hearsay rule. To read more about this and access the entire show notes, please visit http://www.desikanoon.co.in/2020/12/meaning-dying-declaration-supreme-court-rule-of-caution-credibility-evidence-.html Please subscribe and follow us on YouTube, iTunes, Twitter, LinkedIn, Discord, Telegram and Facebook. Credits: Song: Cartoon - Howling (Ft. Asena)[NCS Release] Music provided by NoCopyrightSounds Free Download/Stream: http://ncs.io/Howling St by Legal Talks by Desikanoon

17 min listen

Supreme Court on Testimony of Injured Eye-Witness: Today we will talk about the case of Lakshman Singh v. State of Bihar (now Jharkhand), Criminal Appeal No. 606 of 2021, wherein the Hon’ble Supreme Court inter alia discussed the importance of testimony of injured eyewitnesses in criminal cases. by Legal Talks by Desikanoon

4 min listen

Supreme Court on Anticipatory Bails: Today we will discuss the case of Nathu Singh v. State of Uttar Pradesh, 2021 SCC OnLine SC 402, wherein the scope of Section 438 of the Code of Criminal Procedure (in short, “CrPC”) that provides for grant of Anticipatory Bail was discussed. To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/06/supreme-court-anticipatory-bail-section-438-crpc-code-criminal-procedure-nathu-interim-protection-arrest.html Please subscribe and follow us on YouTube, Instagram, iTunes, Twitter, LinkedIn, Discord, Telegram and Facebook. Credits: Music by Wataboi from Pixabay Stay tuned for more updates. Thanks for listening! by Legal Talks by Desikanoon

11 min listen

Supreme Court of India on the Probation of Offenders Act: Today we will discuss another latest judicial pronouncement by the Hon’ble Supreme Court of India, Lakhvir Singh Etc. v. State of Punjab & Another, 2021 SCC OnLineSC 25, wherein the Probation of Offenders Act, 1958 (in short, “Act of 1958”) was discussed. The issued raised here was also discussed incidentally in an earlier post written by me. To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/01/supreme-court-minimum-sentence-probation-of-offenders-act-1958.html Please subscribe and follow us on YouTube, Instagram, iTunes, Twitter, LinkedIn, Discord, Telegram and Facebook. Credits: Music by Wataboi from Pixabay Stay tuned for more updates. Thanks for listening! by Legal Talks by Desikanoon

8 min listen

Will a vote by an MLA be counted in Rajya Sabha Elections if he is disqualified hours after he has casted his vote?: This is a case discussion on a latest judicial pronouncement by the Supreme Court of India in the case of Pradeep Kumar Sonthalia v. Dhiraj Prasad Sahu & Another and answered the following question: - "Whether the vote cast by a Member of the Legislative Assembly in an election to the Rajya Sabha, in the forenoon (9:15 AM) on the date of election, would become invalid, consequent upon his disqualification, arising out of a conviction and sentence imposed by a Criminal Court, in the afternoon (2:30 PM) on the very same day?" The entire case notes relating to this case can be accessed at http://www.desikanoon.co.in/2020/12/supreme-court-election-law-sonthalia-sahu-rajya-sabha-mla-.html by Legal Talks by Desikanoon

14 min listen

Is Filing of Second FIR based on the same Cause of Action Permissible in India?: Today we will discuss the maintainability of a second FIR/Complaint with respect to the same cause of action that was present in the FIR. Whether based on same offence, same persons and same incident, is a Second FIR permissible? Though the term FIR (First Information Report) has not been defined anywhere, yet many judicial pronouncements explain this concept that has been enshrined under Sections 154 and 155 of the Code of Criminal Procedure, 1973. To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/01/second-subsequent-successive-fir-permissible-lalita-kumari-154-155-code-crpc-criminal.html Please subscribe and follow us on YouTube, Instagram, iTunes, Twitter, LinkedIn, Discord, Telegram and Facebook. Credits: Song: Cartoon - Howling (Ft. Asena)[NCS Release] Music provided by NoCopyrightSounds Free Download/Stream: http://ncs.io/Howling Stay tuned for more updates. Thank by Legal Talks by Desikanoon

11 min listen

Supreme Court on Reduction of Fees by the Schools due to Covid-19: Vide Judgment dated 03.05.2021 in the case of Indian School, Jodhpur & Anr. v. State of Rajasthan & Ors., Civil Appeal No. 1724/2021, the Hon’ble Supreme Court of India decided some pertinent issues relating to regulation of fees in the Schools in the State of Rajasthan. To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/05/supreme-court-reduction-tuition-fees-school-fee-covid-19-disaster-management-epidemic-pandemic.html Please subscribe and follow us on YouTube, Instagram, iTunes, Twitter, LinkedIn, Discord, Telegram and Facebook. Credits: Music by Wataboi from Pixabay Stay tuned for more updates. Thanks for listening! by Legal Talks by Desikanoon

21 min listen

Discharge of Accused and Power of Revision in Criminal Cases: Today we will discuss another judicial pronouncement by the Hon’ble Supreme Court of India, namely, Sanjay Kumar Rai v. State of Uttar Pradesh & Another, 2021 SCC OnLine SC 367, wherein the scope and the mandate of Section 239 and Section 397 (2) of the Code of Criminal Procedure, 1973 (in short, “CrPC”) was discussed. To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/05/asian-resurfacing-mahu-limaye-397-482-interlocutory-discharge-239-sanjay-rai-supreme-court-crpc-criminal-procedure.html Please subscribe and follow us on YouTube, Instagram, iTunes, Twitter, LinkedIn, Discord, Telegram and Facebook. Credits: Music by Wataboi from Pixabay Stay tuned for more updates. Thanks for listening! by Legal Talks by Desikanoon

10 min listen

Supreme Court on the Management of Covid-19 Pandemic in India: Recently, the Hon’ble Supreme Court of India passed an Order on 18.12.2020 in the case of In Re: The Proper Treatment of Covid 19 Patients and Dignified Handling of Dead Bodies in the Hospitals etc., Suo Motu Writ Petition (Civil) No. 7/2020, wherein the Court took cognizance of the situation across the country in relation to management of the Covid-19 pandemic with respect to Fire Safety and other issues. by Legal Talks by Desikanoon

12 min listen

Remarks by Madras High Court on Election Commission and Free Press – Views of Supreme Court: Today we will discuss another judicial pronouncement by the Hon’ble Supreme Court of India, namely, Chief Election Commissioner v. MR Vijayabhaskar & Others, 2021 SCC OnLine SC 364, wherein vide Judgment dated 06.05.2021, the Court discussed the freedom of media to report oral hearings of the Courts and the authority of a judge to conduct judicial proceedings. To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/06/Justice-Chandrachud-Media-Open-Courts-Judicial-Restraint-Democracy-Madras-High-Court-Remarks.html Please subscribe and follow us on YouTube, Instagram, iTunes, Twitter, LinkedIn, Discord, Telegram and Facebook. Credits: Music by Wataboi from Pixabay Stay tuned for more updates. Thanks for listening! by Legal Talks by Desikanoon

10 min listen

What is the meaning of Family Settlement in India?: Today we will discuss another latest judicial pronouncement by the Hon’ble Supreme Court of India in the case of Khushi Ram and Others v. Nawal Singh and Others, 2021 SCC OnLine SC 128, wherein an interesting issue came up relating to the meaning and the nature of family settlement that could be entered into by the parties. To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/02/family-settlement-arrangement-khushi-ram-nawal-supreme-court-related-semblance.html Please subscribe and follow us on YouTube, Instagram, iTunes, Twitter, LinkedIn, Discord, Telegram and Facebook. Credits: Music by Wataboi from Pixabay Stay tuned for more updates. Thanks for listening! by Legal Talks by Desikanoon

9 min listen

Refund of Court Fees - Latest Case Law: Today we will discuss another latest judicial pronouncement by the Hon’ble Supreme Court of India in the case of High Court of Judicature at Madras Rep. by its Registrar General v. M.C. Subramaniam and Others, 2021 SCC OnLine SC 109, wherein a question relating to refund of Court Fees on account of settlement between the litigating parties came up before the Court. To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/02/section-89-code-civil-procedure-cpc-settlement-tamil-nadu-69a-refund-court-fees.html Please subscribe and follow us on YouTube, Instagram, iTunes, Twitter, LinkedIn, Discord, Telegram and Facebook. Credits: Music by Wataboi from Pixabay Stay tuned for more updates. Thanks for listening! by Legal Talks by Desikanoon

9 min listen

Supreme Court of India Stays the Implementation of Three Farm Laws: Recently, the matter of Rakesh Vaishnav and Others v. Union of India and Others came up before the Hon’ble Supreme Court and vide Order dated 12.01.2021, reported as 2021 SCC OnLine SC 15, the Hon’ble Court made some very pertinent observations in relation to the farmers’ agitation and the three farm laws recently passed by the Parliament of India. The petitions before the Hon’ble Supreme Court revolved around the validity of three farm laws, namely, (1) Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act, 2020; (2) Essential Commodities (Amendment) Act, 2020; and (3) Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, 2020. To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/01/s... Please subscribe and follow us on YouTube, Instagram, iTunes, Twitter, LinkedIn, Discord, Telegram and Facebook. Credits: Song: Cartoon - Howling (Ft. As by Legal Talks by Desikanoon

8 min listen

Supreme Court on Installation of CCTV Cameras in Police Stations: In the present case of Paramvir Singh Saini v. Baljit Singh & Others, SLP (Criminal) No. 3543/2020, vide Judgment dated 02.12.2020, it was directed that State Level Oversight Committees and District Level Oversight Committees should be setup to look after the installation of CCTV Cameras in the Police Cameras, its budgetary allocation, continuous monitoring, inspection, grievance redressal and review CCTV footage to check for any human rights violation that may have occurred but not reported. To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/01/m... Please subscribe and follow us on YouTube, iTunes, Twitter, LinkedIn, Discord, Telegram and Facebook. Credits: Song: Cartoon - Howling (Ft. Asena)[NCS Release] Music provided by NoCopyrightSounds Free Download/Stream: http://ncs.io/Howling Stay tuned for more updates. Thanks for watching! by Legal Talks by Desikanoon

8 min listen

Freezing of Bank Accounts under Prevention of Money Laundering Act: Today we will discuss the latest judicial pronouncement of OPTO Circuit India Ltd. v. Axis Bank & Ors., Criminal Appeal No. 102/2021, wherein the Court discussed the scope and the power of freezing bank accounts by the authorities under the Prevention of Money Laundering Act, 2002 (in short, “PMLA”). To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/02/prevention-money-laundering-act-2002-pmla-section-17-freezing-bank-account-opto-circuit-102-crpc-supreme-court.html Please subscribe and follow us on YouTube, Instagram, iTunes, Twitter, LinkedIn, Discord, Telegram and Facebook. Credits: Music by Wataboi from Pixabay Stay tuned for more updates. Thanks for listening! by Legal Talks by Desikanoon

8 min listen

Supreme Court on Delay in Cheque Dishonour Cases (S.138): On today’s show, we will discuss the case of In Re: Expeditious Trial of Cases Under Section 138 of N.I. Act 1881, 2021 SCC OnLine SC 325, wherein the Honorable Supreme Court examined the reasons for the delay in disposal of cases under Section 138 of the Negotiable Instruments Act, 1881 that deals with dishonour of cheques. To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/06/crpc-code-criminal-.html Please subscribe and follow us on YouTube, Instagram, iTunes, Twitter, LinkedIn, Discord, Telegram and Facebook. Credits: Music by Wataboi from Pixabay Stay tuned for more updates. Thanks for listening! by Legal Talks by Desikanoon

5 min listen

What is the Doctrine of Functus Officio?: Today we will discuss the meaning and the significance of the term “functus officio.” You might have heard this term often but many a times, it is used in wrong context. It is a specific term with applicability in both administrative parlance as well as judicial parlance. To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/06/doctrine-functus-officio-legal-web-series-meaning-case-laws-indian-courts-supreme-court.html Please subscribe and follow us on YouTube, Instagram, iTunes, Twitter, LinkedIn, Discord, Telegram and Facebook. Credits: Music by Wataboi from Pixabay Stay tuned for more updates. Thanks for listening! by Legal Talks by Desikanoon

10 min listen

Modification in a Consent Decree by the Court: Today we will discuss the latest judicial pronouncement of Compack Enterprises India (P) Ltd. V. Beant Singh, SLP (Civil) No. 2224-2225/2021. The instant case involves a Civil Suit in which the High Court had passed a Consent Decree directing the Petitioner to pay the Respondent certain sums of money till date the Petitioner hands over the actual possession of the suit-property to the Respondent. To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/02/modification-consent-decree-compromise-agreement-order-xxiii-23-rule-3-3a-compack.html Please subscribe and follow us on YouTube, Instagram, iTunes, Twitter, LinkedIn, Discord, Telegram and Facebook. Credits: Music by Wataboi from Pixabay Stay tuned for more updates. Thanks for listening! by Legal Talks by Desikanoon

8 min listen

Supreme Court on Retrospective Application of Prospective Amendments: On today’s show, we will discuss the case of Puneet Sharma and Others v. Himachal Pradesh State Electricity Board Ltd. and Another, 2021 SCC OnLine SC 291. In this case, the Hon’ble Supreme Court discussed whether clarificatory amendments can operate retrospectively or not. It is pertinent to note that we had discussed this case yesterday as well to understand the difference between a Degree and a Diploma. by Legal Talks by Desikanoon

7 min listen

Supreme Court on Release of Prisoners due to Covid-19 and Prison Reforms: Today we will discuss another judicial pronouncement by the Hon’ble Supreme Court of India in the case of In Re: Contagion of Covid 19 Virus In Prisons, Suo Motu Writ Petition (Civil) No. 1 of 2020, wherein vide Order dated 07.05.2021, the Court provided certain reliefs in relation to the prison inmates lodged in the Jails of India. To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/06/prison-reforms-prisoners-india-inmates-CrPC-ipc-release-supreme-court-covid.html Please subscribe and follow us on YouTube, Instagram, iTunes, Twitter, LinkedIn, Discord, Telegram and Facebook. For more on Reforms in Criminal Trials, please visit my earlier posts at YouTube Links https://www.youtube.com/watch?v=Wa27kDr-Wrk&t=2s https://www.youtube.com/watch?v=i1AAie57gb0&t=1s Desi Kanoon Blog Links http://www.desikanoon.co.in/2021/05/supreme-court-draft-criminal-rules-2020-2021-reforms-criminal-t by Legal Talks by Desikanoon

10 min listen

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Supreme Court on Liability of Directors of Companies in Cheque Dishonor Cases

Supreme Court on Liability of Directors of Companies in Cheque Dishonor Cases

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