Supreme Court issues norms for early disposal of cheque bounce cases, asks Centre to amend laws
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Supreme Court issues norms for early disposal of cheque bounce cases, asks Centre to amend lawsPTI
Last Updated: Apr 16, 2021, 01:42 PM IST
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The bench, also comprising Justices L Nageswara Rao, B R Gavai, A S Bopanna and S Ravindra Bhat, asked the Centre to make suitable amendments in the Negotiable Instruments Act to ensure that trials in cheque bounce cases lodged in 12 months against a person can be clubbed together into one consolidated case.
PTI
The Supreme Court Friday came out with a slew of directions to ensure speedy disposal of cheque bounce cases and asked the Centre to amend laws to ensure clubbing of trials in cases which are lodged within one year against a person relating to the same transaction. The apex court directed all the high courts across the country to issue guidelines for trial courts to deal with cheque bounce cases.
Section 138 NI Act -.
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A Constitution Bench of the Supreme Court has directed that Magistrates have to record reasons before converting trial of complaints under
Section 138 of Negotiable Instruments Act from summary trial to summons trial in exercise of power under the second proviso to Section 143 of the Act. The High Courts are requested to issue practice directions to the Magistrates to record reasons before converting trial of complaints under Section 138 of the Act from summary trial to summons trial , a Constitution Bench headed by Chief Justice of India SA Bobde stated.
The court noted that such conversion from summary trial to summons trial is being done mechanically without reasons being recorded and the same is contributing to the delay in disposal of the cases.
April 16, 2021
Centre declares every Saturday as a public holiday for LIC
The Centre has declared every Saturday as a public holiday for Life Insurance Corporation (LIC) with immediate effect.
This latest move of the Department of Financial Services (DFS) has been taken under the Negotiable Instruments Act 1881.
Over one lakh LIC employees are expected to benefit from the Centre s decision on this front.
This decision comes at a time when LIC employees are eagerly awaiting wage revision, which is due from August 1, 2017. LIC management had this Monday conducted a virtual meeting with employee unions and conveyed that the final details of the wage revision will be announced soon.
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A constitution bench of the Supreme Court on Friday issued a set of directions to expedite the trial of cheque dishonour cases under Section 138 of the Negotiable Instruments Act.
The directions are as follows :
High Courts are to issue practice directions to the Magistrates regarding the conversion of summary trial to summons trial.
The Magistrates shall hold enquiry under Section 202 CrPC before issuing summons to an accused who is residing beyond the territorial jurisdiction of the Court.
Evidence on affidavit is permitted for enquiry under Section 202 of the Code of Criminal Procedure.
Suitable amendments to NI Act recommended to allow one trial for multiple cases arising out of the same transaction, notwithstanding the bar under CrPC.
Manipur High Court Declares Election Of Congress Leader As Member Of State Assembly Null And Void For Non Disclosure Of Information In Election Affidavit
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The Manipur High Court on Thursday declared as null and void the election of Congress leader Okram Henry Singh as a member of State Assembly (Wangkhei Assembly Constituency) in 11th Manipur Legislative Assembly after observing that
failure to disclose name of the spouse and his dependents, details of pending criminal cases and educational qualification would constitute a corrupt practice falling within the meaning of undue influence under sec. 123(2) of Representative of People Act, 1951.