The Supreme Court has reaffirmed the strict and technical compliance required under Section 138 of the Negotiable Instruments Act, 1881 (NI Act), particularly regarding the contents of a demand notice issued under Proviso (b) of the Section. BACKGROUND FACTS The case arose from a dispute involving a dishonoured cheque issued for Rs. 1 crore by
... Continue Reading.Is a Xerox Copy of a Cheque Admissible as Secondary Evidence? Madras HC Answers
Evidence is the bedrock of justice. Courts can only decide disputes based on reliable proof. In documentary evidence, the original document (primary evidence) is the best proof. However, circumstances often arise where the original is lost, destroyed, or otherwise unavailable. To ensure justice is not defeated by such contingencies, the law recognises secondary evidence. Traditionally,
... Continue Reading.Does Participation in Another Religion’s Festival Violate Constitutional Rights?
India, as a secular nation, is characterised by its vibrant diversity of faiths, traditions, and cultures. The Constitution enshrines both the right to freedom of religion and the secular fabric of the State. Yet, tensions often arise when individuals from one faith are invited to participate in the religious or cultural practices of another. Questions
... Continue Reading.Duty to Decide on Merits Prevails Until Case Is Dismissed by Formal Order
One of the cornerstones of civil justice is that disputes brought before courts must be adjudicated fairly and on the merits. The Code of Civil Procedure, 1908 (CPC) provides litigants with the liberty to abandon or withdraw their suits under certain conditions. Yet, this procedural right raises a critical question: Does the filing of a
... Continue Reading.LIMITS ON RECALL OF JUDICIAL ORDERS IN ANTICIPATORY BAIL MATTERS
INTRODUCTION The Supreme Court of India, in the case of Gurvinder Singh v. Jasbir Singh @ Jasvir Singh & Anr., SLP (Crl.) No. 3843/2025, decided on 15th September 2025, Coram: Justices Ahsanuddin Amanullah & S.V.N. Bhatti, has addressed a nuanced yet crucial aspect of criminal procedure—the limits on recalling or restoring judicial orders, particularly in
... Continue Reading.Delhi High Court Transfers Cases to NCLT for Effective Adjudication
Delhi High Court Transfers Cases to NCLT for Effective Adjudication Introduction The Delhi High Court has transferred winding-up petitions filed against Vigneshwara Developwell Pvt Ltd to the National Company Law Tribunal (NCLT). The petitions were filed under Sections 433(e), 434, and 439 of the Companies Act, 1956, seeking winding up of the respondent company due
... Continue Reading.SUPREME COURT ON ABUSE OF PROCESS IN SEC. 498A, IPC MATTER
In a judgment delivered on September 18, 2025, the Supreme Court of India, through a Division Bench of Justices Sanjay Karol and Prashant Kumar Mishra, set aside both an FIR and related High Court order, underscoring the rigorous standards for allowing prosecution under Section 498-A of the Indian Penal Code. The case, Nitin Ahluwalia v.
... Continue Reading.RPNLU Hosts Senior Advocate Vijay Hansaria in Inspiring Second Episode of In Conversation with Legal Luminary
Prayagraj, 20th September 2025 – Dr. Rajendra Prasad National Law University (RPNLU), Prayagraj, successfully hosted the second episode of its flagship interactive series “In Conversation with Legal Luminary”. The distinguished guest for this session was Mr. Vijay Hansaria, Senior Advocate, Supreme Court of India, whose decades-long career and remarkable contributions to the legal profession made
... Continue Reading.NAVIGATING EXECUTION AMIDST PENDING APPEALS: THE AUTHORITY OF COURTS UNDER THE ARBITRATION AND CONCILIATION ACT
INTRODUCTION The Supreme Court of India, in Civil Appeal No. 11840/2025 (@ SLP (C) No. 20480 of 2025) – Chakardhari Sureka v. Prem Lata Sureka through SPA & Ors., addressed a critical issue concerning the execution of arbitral awards amidst pending appeals. The Judgement was delivered on 15th September 2025 by Hon’ble Mr. Justice Manoj
... Continue Reading.SUPREME COURT ON TAX ASSESSMENT TIME LIMITS
On September 11, 2025, the Supreme Court of India delivered a significant ruling in Ms. Shiv Steels v. State of Assam & Others (Civil Appeal No. 4440 of 2014). The Judgment, authored by Justices J.B. Pardiwala and Sandeep Mehta, decisively addressed the interplay between different time limitation provisions under the Assam General Sales Tax Act,
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