Cheque-Bounce Cases Under NI Act Cannot Proceed Against Corporate Debtor During Moratorium. Image Credit: Noirathsi’s Eye (Flickr)

The Supreme Court of India has held that the moratorium under section 14 of the Insolvency and Bankruptcy Code (IBC) is applicable to cheque-dishonour complaints against the corporate debtor under the Negotiable Instruments (NI) Act ( P. Mohanraj vs. M/s Shah Brothers Ispat Pvt. Ltd., AIRONLINE 2021 SC 103).

But there is little to cheer for those at the helm of such a corporate debtor at the time of the offence under section 138 of the NI Act. The court clarified the moratorium is not with respect to any such person who can be freely proceeded against under the Act…

Originally published at on September 15, 2020.

No, the Supreme Court of India has not held non-participation in arbitration to be waiver of right to object in all cases regardless of whether the alleged waiver is of derogable or non-derogable provisions.

A recent judgement by the Supreme Court of India, titled Quippo Construction Equipment Limited v. Janardan Nirman Pvt. Limited (AIR 2020 SC 2038), may have given some people the wrong ideas — or so it seems going by some of the reportage and online conversations surrounding it.

What the two-judge bench in Quippo has held is that an…

The Consumer Protection Act is dead. Long live the Consumer Protection Act.

For those of you wondering, Consumer Protection Act, 1986 has been repealed. In its stead, we now have the brand-new and much needed Consumer Protection Act, 2019, which took the force of law on July 20, 2020.

The re-enactment has brought with it sweeping changes, the most prominent among which have to do with pecuniary jurisdiction. To begin with, the 2019 Act includes a revised method for valuing claims for the purpose of jurisdiction. The money paid for procuring the service or goods the subject of the consumer…

Critique of Supreme Court Judgement Holding Section 143A of Negotiable Instruments Act to be Prospective

This piece is meant to be an objective critique of the Supreme Court judgment in G.J. Raja v. Tejraj Surana (AIR 2019 SC 3817). This case turned solely on the rigour of liability imposed by the newly inserted Section 143A of the Negotiable Instruments Act. I argue that it ought to have turned on the will of the parliament instead.

With Indian courts suffocatingly freighted with cheque-bounce cases — over 20 percent of all litigation per one estimate — the parliament enacted Negotiable Instruments (Amendment)…

A lot of people often wonder if the pre-existence of a final report/charge sheet under section 173 of CrPC is necessary before a property can be attached under the Prevention of Money Laundering Act[1]. Another question that often comes up is whether a property can be attached under section 5(1) of PMLA without the person in possession of such property being accused in a criminal complaint of a scheduled offence under the Act or the offence of money laundering.

The Madras High Court exhaustively examined in Dr. V.M. Ganesan Vs. The Joint Director, Director of Enforcement MANU/TN/2475/2014[2] the scope of…

‘Supreme Court rules wrong diagnosis is not negligence,’ various website headlines screamed breathlessly, piquing and alarming the likes of this author who have a deep professional and academic interest in all things medical negligence.

But is this truly the case? Has the Supreme Court of India actually held that wrong diagnosis isn’t actionable?

Not so fast.

The practice of law, one could well argue, is, for the most part, an exercise in semantics. The perennial tussle over the true meaning of words and phrases as they occur in judgements and statutes defines the discipline.

One thing that is critical to…

That a trespasser can sue to recover possession of an immoveable property when dispossessed of it other than through the due process of law is not in doubt (so long as they were in settled possession). But what about a trespasser who is fearful of being dispossessed by the true owner? Can such a trespasser bring and maintain a suit for injunction against the actual owner of the property?

The answer is a resounding “no.”

A trespasser cannot be granted injunction against the true owner, regardless of whether they enjoy settled possession of the property. This was held to be…

Indian law puts a premium on settled possession, even if it’s a trespasser who is so possessed of an immovable property. The Supreme Court has repeatedly ruled that possession is to be respected even if it is not accompanied by title, and nobody (including the true owner) has the right to forcibly dispossess anybody in actual, settled possession without taking recourse to law.

Section 6 of the Specific Relief Act provides that where any person in possession of an immoveable property is dispossessed other than through the due process of law, they may recover such possession through a suit within…

We often get asked questions like: Can I sue to recover possession of a shop that has been lying unused for five years under the Delhi Rent Control Act? What can I do under the Delhi Rent Control Act to recover possession of a commercial office space that has not been used by the tenant for the past [enter period] years or months? Do the provisions of Section 14(1)(d) apply to commercial properties?

The short answer is: No, Section 14(1)(d) does not apply to commercial properties. Read on for more.

Section 14(1)(d) in the Delhi Rent Control Act, 1958 reads…

Questions we get asked a lot: Is it true that the nominee gets to keep the money from a life insurance claim and the legal heirs of the insured person have no claim over it? Or would my mother not receive anything from my life insurance claim in case of my death if I made my wife the nominee? Or am I entitled to the money from my husband’s life insurance claim despite the fact that he didn’t nominate me?

The short answer is that as of today, if a person nominates their wife, child, or parent in their life…

Pulkit Chandna

Delhi-based advocate who practices before the Supreme Court of India, various High Courts and different tribunals.

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