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Showing posts from December, 2022

Every Cheque Bounce Is Not A Section 138 Matter!

  Ms Money: Cheque bounced? Mr Banker: Madam, you can seek help by filing a suit under Section 138… It is a widely accepted norm in India that if a cheque is dishonoured then the person can get relief through legal court proceedings under Section 138 of the Negotiable Instruments Act, 1881. As easy as it may sound, Section 138 is not a ‘ Brahmāstra ’ for all cheque bounce cases. In the present case, the Bombay High Court did not provide relief in the cheque dishonour case. The judgement specifically states that “No doubt cheque is a negotiable instrument which is transferable and negotiable; the presumption under Section 138 of the Negotiable Instrument Act can be drawn only when the pre-conditions are satisfied. The complainant unilaterally put dates on the cheques without the authority of the accused and even by not informing him. So, it amounts to material alterations. If it is so such negotiable instrument becomes void". The complainant is one of the partners in a partners...

Outraging Woman’s Modesty –Equality in Gender

Also read the August 2024 Bombay HC judgement:  https://www.ampslegal.in/2024/08/email-can-violate-womans-modesty.html A woman can outrage the modesty of another woman! Yes, you read it right. The judgement by Mumbai Metropolitan Magistrate MV Chavhan that the offence of outraging a woman’s modesty under Section 354 of the Indian Penal Code (IPC) can be committed either by a man or woman , is a significant shift in the paradigm.                                                        S ection 354 in The Indian Penal Code 354.   Assault or criminal force to woman with intent to outrage her modesty —Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with impris­onment o...