Skip to main content

Posts

Showing posts from May, 2024

When Lawyers Play Hardball: The Final Chapter of the Consumer Courts

In the world of legal disputes, the lines between professional conduct and consumer rights sometimes blur, leading to landmark judgments. One such case involved Advocate M. Mathias, his client D.K. Gandhi, and a dishonoured cheque issued by Kamal Sharma. The Twists and Turns - Bar of Indian Lawyers v. D.K Gandhi & Anr. (SC) 2024 The case began when D.K. Gandhi hired Mathias to file a complaint under Section 138 of the Negotiable Instruments Act after Kamal Sharma's cheque for Rs.20,000 was dishonoured. Sharma agreed to provide a Demand Draft (DD) of Rs.20,000 and a cheque of Rs.5,000 for expenses. However, Mathias demanded Rs.5,000 in cash from Gandhi and filed a suit claiming this amount as his fee. He later handed Gandhi a DD for Rs.20,000 and a cheque for Rs.5,000, which Sharma stopped at Mathias's request. Gandhi then sought Rs.15,000 in compensation, including Rs.10,000 for mental agony, from the District Consumer Disputes Redressal Forum, Delhi.   Legal Battles: F...

Legal Abuse in Marriage Dispute: Wife's Father Imposed Rs 5 Lakh Costs

  I prefer not to write about matrimonial disputes as they are incredibly personal and often filled with complex emotions. However, a recent case of Prateek Bansal v. State of Rajasthan & Ors., Crl.A. No.-002167-002167 / 2024 stands out —not just for the personal drama but because it shows how the legal system can be misused, and that's something we should all care about. This case involves a Chartered Accountant from Hisar and his wife, a Deputy Superintendent of Police in Udaipur. They got engaged and married in 2015, but by October 2015, complaints were filed by the wife’s father first in Hisar and then in Udaipur, under similar allegations of cruelty. This led to multiple FIRs (First Information Reports) being filed. The matter escalated to the Rajasthan High Court, which decided not to dismiss the second FIR, stating that the police in Udaipur weren't aware of the first FIR filed in Hisar. This decision was challenged in the Supreme Court, which took a different view. ...