Legal Fire

 

 Truth decay is one of the fundamental problems being faced by judiciaries around the world.A powerful statement of the Chief Justice of Singapore, Chief Justice Menon at a function in the Supreme Court of India to commemorate the beginning of the Supreme Court of India in 1950.

 “This Court has noted that the object of the statute was to facilitate smooth functioning of business transactions. The provision is necessary as in many transactions’ cheques were issued merely as a device to defraud the creditors. Dishonor of cheque causes incalculable loss, injury and inconvenience to the Vide the Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988 payee and credibility of business transactions suffers a setback. At the same time, it was also noted that nature of offence under Section 138 primarily related to a civil wrong and the 2002 amendment specifically made it compoundable.”  Supreme Court in Seshia vs State of Telangana on Feb1, 2023.

     The court in Gurpreet Singh case discussed the modes of payment under decrees according to Order XXI of CPC. The court stated that in the case of execution of money decrees or award decrees, interest stops running on the amount deposited to the extent of the deposit.      The court also stated that if there is a shortage in the amount deposited, the decree holder may be entitled to apply the rule of appropriation to the interest, costs, and then to the principal amount. However, the scheme does not allow for reopening of the satisfaction that has already occurred by the deposit.      The court also discussed the process of payment of money under a decree, which can be made by deposit into the executing court, by postal money order or through a bank, or as directed by the court. The interest stops running from the date of notice of payment given to the decree holder. If the payment is made out of court, interest stops from the date of payment. Suneja vs Dr.Manjeet Kaur .Judgement d

 A married woman had sexual relations with the accused, who promised to marry her. The courts initially found the accused guilty of the offense under Section 376 of the Indian Penal Code (IPC), but after a closer examination of the evidence, it was found to be a fallacy. The key issue is whether the woman's consent was given under a false promise or not. There is a difference between a false promise and a breach of promise, and the court must examine each case based on its specific facts. In this case, the woman was mature and intelligent enough to understand the consequences of her actions and her conduct during the relationship suggests that she had willingly betrayed her husband and children. Every breach of promise is not a false promise of marriage and thus every breach of promise will not result in a conviction of rape.

  The Supreme Court of India is hearing two appeals by a plaintiff, Ajay Dabra, who filed a suit for specific performance of a contract for the sale of agricultural land in Himachal Pradesh between the defendant and a company, which was dismissed by the District Judge and later by the High Court due to delay. The appeals challenge the High Court's decision to dismiss the delay condonation applications filed under the Limitation Act of 1963, which declined to condone a delay of 254 days as the reasons for the delay were not sufficient. The only reason provided by the plaintiff was a lack of funds to pay court fees, which the court found unsatisfactory as the plaintiff was an affluent businessman. The court cites section 149 of the Civil Procedure Code, which allows for the payment of court fees at a later stage, and emphasizes that the court fees act has to be read along with section 149 of the CPC. The Indian Supreme Court has emphasized the strict interpretation of Section 5 of th