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SangsLegal News The dishonor of a cheque provided as a security is deemed to fall under Section 138 of the Negotiable Instruments Act: Delhi High Court |
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The Delhi High court has recently held that the dishonor of a cheque provided as a security is deemed to fall under Section 138 of the Negotiable Instruments Act. The court further held that instances where cheques are dishonored with reasons such as "payment stopped" or " replica borse account closed" also come under the purview of this provision. 
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SangsLegal News The High Courts and Sessions Courts possess the authority to grant interim or transit anticipatory bail: Supreme Court |
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The Supreme Court, in a significant judgement, has held that the High Courts and Sessions Courts possess the authority to grant interim or transit anticipatory bail, even if an First Information Report (FIR) has been filed in a different state. However the Court emphasized that such authority should be conferred solely in exceptional and compelling situations.
The grant of transit anticipatory bail is subject to certain conditions outlined by the Court, including
- notifying the Investigating Officer (IO) and the Public Prosecutor on the first date of seeking such protection.
- the order of approval must provide reasoning as to why the applicant fears arrest across state borders and consider the potential impact of interim anticipatory bail on the ongoing investigation.
-The jurisdiction within which the offense is being considered does not prevent the offense from falling within the purview of anticipatory bail, as per the state amendment to Section 438 of the Criminal Procedure Code (CrPC).
-The applicant is required to convince the Court about their inability to approach the proper jurisdictional Court.
-The applicant's arguments could involve valid concerns related to potential dangers to life, personal freedom, and physical harm, within the jurisdiction where the First Information Report (FIR) is filed.
These concerns could also include the fear of violations of the right to life or liberty due to arbitrary actions, as well as health issues or disabilities faced by individuals seeking limited anticipatory bail outside their territorial boundaries.
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SangsLegal News Gains obtained from foreign exchange fluctuations not deductible under Section 80HHC of the Income Tax Act; Supreme Court |
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The supreme court recently held that it is not permissible to consider the gains obtained from foreign exchange fluctuations as deductible under Section 80HHC of the Income Tax Act. As per this section, taxpayers are eligible for deductions on profits attained from the export of goods or merchandise.
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SangsLegal News Even if a person mistakenly kills another person,he is still guilty of murder: Supreme Court |
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In a recent case involving a murder conviction under section 302 IPC, the Supreme Court upheld the appellant's conviction by applying the theory of transferred malice.
The Supreme Court ruled that even though the appellant accidentally kills the deceased person despite having no intention of doing, it makes no difference because the "Doctrine of Transfer of Malice or Transmigration of Motive" which states that the intention hublot replica or mens rea involved in the commission of an offense can be transferred to another individual.
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SangsLegal News Revenue records do not serve as official documents of title: Supreme Court |
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The Supreme court has recently held that Revenue records do not serve as official documents of title. The court affirmed that a mere mutation of revenue records does not deprive the legitimate holders of the land of their rightful ownership, title, or interest in said land.
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