Notice Returned As 'Unclaimed' At Correct Address Suffices For Deemed Service: Kerala High Court

A cheque demand notice returned with the postal endorsement "unclaimed" is sufficient to satisfy the statutory requirement of notice in a cheque dishonour case, the Kerala High Court has held. Justice A Badharudeen, allowing an appeal against an acquittal recorded by a magistrate's court in Kozhikode, held that when a demand notice is issued to the drawer's correct address, its return with the endorsement "unclaimed" would amount to deemed acceptance unless the accused proves otherwise. The...

Evidence Of Person Without Direct Knowledge Insufficient In Cheque Bounce Case: Kerala High Court

The Kerala High Court has observed that a complainant in a cheque dishonour case cannot rely on evidence from a person who lacks direct knowledge of the transaction and execution of the cheque to prove those facts. “Indubitably such evidence shall be given by the person, who had direct knowledge regarding the transaction and execution of the cheque and the evidence of a person, who does not know the same is insufficient to prove the transaction and the execution of the cheque.” Justice A....

Delhi High Court Issues Summons In Former Tihar Jail Officer's Defamation Suit Against 'Black Warrant' Authors

The Delhi High Court has issued notice in a defamation suit filed by former Tihar Jail officer L.P. Nirmal against author and former Tihar jailer Sunil Gupta and others over the book 'Black Warrant: Confessions of a Tihar Jailer'. Nirmal claims the book falsely links him to an inmate escape that never occurred. Justice Subramonium Prasad issued summons in the suit on May 29. The Court did not grant any ex parte interim relief and has listed Nirmal's injunction application for hearing on August...

Bombay High Court Quashes Centre's Retrospective One-Time Spectrum Charge On Airtel, Vodafone Idea

The Bombay High Court on Monday quashed the Centre's decision imposing one-time spectrum charges retrospectively on Bharti Airtel and Vodafone Idea under the National Telecom Policy, 1999 (NTP-99) regime. The court held that the Union Government lacked authority under Section 4 of the Indian Telegraph Act, 1885, or the telecom licence agreements to levy such charges for spectrum held beyond 6.2 MHz from July 2008 onwards. A Division Bench of Justices Manish Pitale and Shriram V. Shirsat held...

Unauthenticated Alteration In Cheque Date Renders It Void: Kerala High Court

The Kerala High Court has recently held that an alteration in the date of a cheque that is not authenticated by the drawer's full signature amounts to a material alteration and renders the cheque void, while upholding an acquittal in a cheque dishonour case. Justice A. Badharudeen held: “When there is alteration of the date in the cheque which is not authenticated by putting the full signature of the drawer on the place of alteration, the same operates as a material alteration and the same...

Cheque Dishonour Notice Must Specify Amount Demanded, Else No Valid Notice In Eye Of Law: Kerala High Court

The Kerala High Court has held that a statutory demand notice issued in a cheque dishonour case must specifically mention the amount demanded, failing which there would be no legal notice in the eye of law. “Only when the notice is specific about the amount, it is possible for the recipient of the notice to pay the amount which was specifically asked for to avoid penal consequences,” the Court observed. Justice A Badharudeen made the observation while dismissing an appeal filed against the...

"Extremely Despicable": Bombay HC Orders Police Action Over Assault On Receiver During Counterfeit Goods Raid

The Bombay High Court has directed the Superintendent of Police, Ambala, to take action in relation to the assault on a court-appointed receiver during a court-ordered search-and-seizure operation in Haryana that allegedly uncovered a huge quantity of goods bearing Unilever Plc's trademarks, labels, and artwork. The court has also ordered police protection for the receiver during further execution proceedings. The order was passed on May 29 by vacation judge Justice Shreeram V. Shirsat. The...

Crypto Fraud Allegations Disclose Triable Issues, No Quashing At FIR Stage: Orissa High Court

The Orissa High Court on 15 May declined to quash criminal proceedings arising out of an alleged cryptocurrency investment scam, holding that allegations of false representations, fictitious entities, and dishonest inducement of investors disclose triable issues that require examination at trial rather than interference at the FIR stage. A Bench of Dr Justice Sanjeeb K Panigrahi observed: “Allegations involving organized financial fraud, systematic inducement of multiple investors, and...

Saket Court Rejects Jagran Prakashan's Trademark Claim Over “JAGRAN”, Imposes ₹10 Lakh Costs

The Saket District Court at New Delhi, on 25 May dismissed Jagran Prakashan Limited's trademark infringement and passed off suit against agricultural magazine Krishi Jagran, holding that a proprietor cannot monopolise a commonly used word through trademark registration when another party has established prior and continuous use. District Judge Arul Varma vacated the injunction order dated 29 September 2020, and imposed costs of Rs. 10 lakhs on Jagran Prakashan for dragging the defendants into...

Office-Bearers Can Face NI Act Prosecution If Complaint Shows Their Role In Transaction: Supreme Court

The Supreme Court on Tuesday held that criminal liability for cheque dishonour cannot be fastened on a person merely because they hold an office in a society, while making it clear that proceedings cannot be quashed at the threshold where the complaint discloses sufficient factual material linking them to the underlying transaction. A Bench of Justice Prashant Kumar Mishra and Justice N.V. Anjaria partly allowed an appeal filed by Mansi Finance (Chennai) Ltd against a Madras High Court order...

Karnataka HC Directs Takedown Of AI-Morphed Content Depicting Dharmasthala Dharmadhikari Veerendra Heggade, Family

The Karnataka High Court has directed the State of Karnataka and the Bengaluru CEN Police Station to take immediate steps to ensure removal of AI-generated, morphed, manipulated, and fabricated images and video content depicting Dr. D. Veerendra Heggade, the Dharmadhikari of Sri Kshetra Dharmasthala, and his family members. The content is to be removed from all social media platforms, URLs, and press and media platforms within one week from receipt of a copy of the order. Justice S.R. Krishna...

'Security Cheque' Not Statutorily Defined, Not Exempt From Cheque Bounce Proceedings: Himachal Pradesh HC

The Himachal Pradesh High Court has refused to quash cheque dishonour proceedings at the threshold in a case where the accused claimed the dishonoured cheque had been issued only as security. Justice Sandeep Sharma said a cheque described as a “security cheque” is not automatically excluded from cheque dishonour proceedings. “Needless to say, expression “Security Cheque” is not a statutorily defined expression in the Negotiable Instruments Act, rather same is to be inferred from the pleadings...