The appeal against acquittal in prosecution for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, would lie under Section 378(4) of the Code of Criminal Procedure

Author: TCL The Chambers of Law   |  Subject: Banking | Date: 12 Dec 2019 | Category: (Newsletters from Law Firms)

The Court must be cautious while evaluating expert evidence, which is a weak type of evidence and not substantive in nature.

Author: TCL The Chambers of Law   |  Subject: Evidence Law | Date: 12 Dec 2019 | Category: (Newsletters from Law Firms)

Non- inclusion of Section 141 IPC in charge sheet does not mean the accused cannot be held guilty under Section 149 IPC.

Author: TCL The Chambers of Law   |  Subject: Criminal | Date: 12 Dec 2019 | Category: (Newsletters from Law Firms)

The High Court, while entertaining a revision petition under Section 20 of the Kerala Rent Control Act, 1965 should not re-examine the evidences.

Author: TCL The Chambers of Law   |  Subject: Tenancy | Date: 12 Dec 2019 | Category: (Newsletters from Law Firms)

‘Consent’ given for sexual intercourse on the ‘promise of marriage’ after evaluating various possibilities and consequences, is a valid ‘consent’ and therefore, does not result in an offence under Section 375 of Indian Penal Code.

Author: TCL The Chambers of Law   |  Subject: Criminal | Date: 12 Dec 2019 | Category: (Newsletters from Law Firms)

Proceeding cannot be quashed on the ground that notice not served within statutory period

Author: TCL The Chambers of Law   |  Subject: Criminal | Date: 12 Dec 2019 | Category: (Newsletters from Law Firms)

Remedies available under Consumer Protection Act and RERA are concurrent

Author: TCL The Chambers of Law   |  Subject: Consumer | Date: 12 Dec 2019 | Category: (Newsletters from Law Firms)

For the presumption that a person who is not seen for seven years is dead, Spouse has to first approach civil court for declaration:

Author: TCL The Chambers of Law   |  Subject: Civil | Date: 12 Dec 2019 | Category: (Newsletters from Law Firms)

The limitation period of three years for reference of dispute to Arbitrator starts when the dispute first arose between the parties and in order to exclude the time spent in further negotiations, it has to be clearly pleaded and substantiated.

Author: TCL The Chambers of Law   |  Subject: Civil | Date: 12 Dec 2019 | Category: (Newsletters from Law Firms)

A wrongful act which causes an injury which is complete is not a continuing wrong for the purpose of Section 23 of the Limitation Act even though the damage resulting from the act may continue

Author: TCL The Chambers of Law   |  Subject: Civil | Date: 12 Dec 2019 | Category: (Newsletters from Law Firms)