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Criminal procedure

VISHNOO MITTAL versus M/S SHAKTI TRADING COMPANY

The High Court erred in relying on P. Mohan Raj because in this case the cause of action under Section 138 NI Act arose after the commencement of insolvency proceedings and after the moratorium was imposed; clause (c) of the proviso to Section 138 makes the offence arise only after service of the demand notice and failure to pay within fifteen days, and because the IRP had taken over management under Section 17 IBC the appellant lacked capacity to make payment; consequently the summoning order and complaint were quashed.

Source excerpt

  • Section 138 ni act
  • Section 14 ibc moratorium
  • Section 17 ibc management by irp
  • Section 482 crpc quashing
  • Dishonour of cheque
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Consumer protection

SARANGA ANILKUMAR AGGARWAL versus BHAVESH DHIRAJLAL SHETH & ORS.

Penalties imposed by the NCDRC under Section 27 of the Consumer Protection Act are regulatory/compensatory in nature and constitute 'excluded debts' under Section 79(15) of the IBC; therefore the interim moratorium under Section 96 of the IBC does not stay execution of such penalties and the NCDRC correctly refused to stay the execution proceedings.

Source excerpt

  • Section 27 of the consumer protection act, 1986
  • Section 96 of the insolvency and bankruptcy code, 2016
  • Moratorium
  • Stay of execution
  • Penalty
  • Execution proceedings
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Arbitration

ELFIT ARABIA & ANR. versus CONCEPT HOTEL BARONS LIMITED & ORS.

The Court dismissed the Section 11(6) petitions because the uncontested chronology showed that notices invoking arbitration were issued eleven years after the cause of action in 2011, which is beyond the three year limitation period, rendering the claims ex facie time-barred; further, Section 138 NI Act proceedings do not create a continuing cause of action for arbitration.

Source excerpt

  • Section 11(6) arbitration and conciliation act, 1996
  • Section 138 negotiable instruments act, 1881
  • Deemed commencement of arbitration (section 21, arbitration act)
  • Application of limitation act to arbitration (section 43(1), arbitration act)
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Negotiable instruments

M/S RAJCO STEEL ENTERPRISES versus KAVITA SARAFF AND ANOTHER

The First Appellate Court and the High Court, on a careful review of evidence, found that the complainant failed to establish existence of any legally enforceable debt or liability in respect of the cheque amounts and that the accused put forward a plausible defence; these concurrent factual findings were neither perverse nor based on no evidence, and therefore the Supreme Court declined to interfere and dismissed the special leave petitions.

Source excerpt

  • Dishonour of cheque
  • Section 138 ni act
  • Section 118/139 ni act
  • Rebuttal of presumption
  • Enforceable debt or other liability
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Insolvency and bankruptcy

KOTAK MAHINDRA BANK LIMITED versus KEW PRECISION PARTS PRIVATE LIMITED & ORS.

The NCLAT erred in closing the CIRP solely on limitation grounds without considering (a) whether a written settlement/promise of 20 December 2018 revived time-barred debt under Section 25(3) Indian Contract Act, and (b) whether the Financial Creditor should have been given opportunity to seek condonation under Section 5 Limitation Act or to cure defects under Section 7(5)(b) IBC. The NCLAT order closing CIRP is set aside to that extent and the matter is remitted to the Adjudicating Authority to consider the Section 7 application afresh after giving parties opportunity to file additional affid…

Source excerpt

  • Initiation of cirp under section 7 ibc
  • Limitation period for applications under ibc (article 137)
  • Acknowledgement under section 18 limitation act
  • Promise to pay time-barred debt under section 25(3) indian contract act
  • Condonation of delay under section 5 limitation act
  • Application of limitation act to nclt/nclat under section 238a ibc
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Negotiable instruments

TEDHI SINGH versus NARAYAN DASS MAHANT

The conviction under Section 138 N.I. Act was upheld because the appellant failed to rebut the statutory presumption under Section 139 and did not adequately set up lack of complainant capacity or loss of cheque in the reply notice or by independent evidence; however the sentence of one year imprisonment was substituted with a fine and additional compensation ordered to mitigate severity of sentence.

Source excerpt

  • Section 138 n.i. act
  • Section 139 n.i. act
  • Article 136 constitution
  • Presumption of proof
  • Probable defence
  • Sentence substitution
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Limitation

IN RE: COGNIZANCE FOR EXTENSION OF LIMITATIONMISCELLANEOUS APPLICATION NO. 665 OF 2021 IN (SMW (C) NO. 3 OF 2020) versus .

The Court excluded the period from 15.03.2020 till 02.10.2021 from computation of limitation for any suit, appeal, application or proceeding; the balance period of limitation as on 15.03.2020, if any, shall become available from 03.10.2021; where limitation would have expired during 15.03.2020 to 02.10.2021 all persons shall have a limitation period of 90 days from 03.10.2021 (unless the actual balance period available from 03.10.2021 is greater, in which case that longer period shall apply); and the exclusion applies to Sections 23(4) and 29A of the Arbitration and Conciliation Act, 1996, Se…

Source excerpt

  • Extension of limitation periods
  • Covid-19 pandemic and access to justice
  • Containment zone guidelines
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Limitation

IN RE: COGNIZANCE FOR EXTENSION OF LIMITATION versus .

The Court held that the temporary blanket extension of limitation granted since 15.03.2020 has served its purpose and must end; consequently the period 15.03.2020 to 14.03.2021 is excluded from computation of limitation, affected matters get a residual availability of the balance period from 15.03.2021, and where limitation would have expired in the excluded period all persons have 90 days from 15.03.2021 (or the longer actual balance), with the exclusion expressly applying to specified provisions of arbitration, commercial courts and negotiable instruments statutes; additionally the Governme…

Source excerpt

  • Extension of limitation
  • Computation of limitation
  • Containment zone guidelines
  • Condonation of delay
  • Termination of proceedings
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Insolvency and bankruptcy

P. MOHANRAJ & ORS. versus M/S. SHAH BROTHERS ISPAT PVT. LTD.

Section 138/141 proceedings against a corporate debtor are covered by the moratorium declared under Section 14(1)(a) of the IBC because the expression "proceedings" is wide, includes quasi-criminal proceedings relating to transactions evidencing debt, and must be interpreted in light of Section 14's object to preserve corporate assets; however, the moratorium applies to the corporate debtor alone and does not prevent continuation or initiation of proceedings against natural persons (directors/persons in management) under Section 141, who remain statutorily liable.

Source excerpt

  • Moratorium
  • Section 14 ibc
  • Sections 138 and 141 ni act
  • Section 32a ibc
  • Noscitur a sociis
  • Ejusdem generis
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Criminal law

RIPUDAMAN SINGH versus BALKRISHNA

Cheques issued under and in pursuance of an agreement to sell amount to enforceable liability under s.138 NI Act; High Court's quashing of complaint under s.482 CrPC was unsustainable since factual disputes regarding liability should be determined at trial, not in summary proceedings.

Source excerpt

  • Quashing of complaint
  • Dishonour of cheque
  • Agreement to sell
  • Liability under s.138 ni act
  • Abuse of process under s.482 crpc
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India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.