Civil

Recording of Court Proceedings

Not only must Justice be done; it must also be seen to be done .. is oft repeated. And indeed Justice is supposed to be done in public.  Unless decided by the Court to be an " in camera " trial, one can simply visit the Court and watch the proceedings. Even Court Records - submissions by different parties and then the final judgement - is supposed to be Public and accessible to anyone. In Theory. Come the Digital Era then, the logical next step would have been recording of Court proceedings. And indeed the more advanced countries seem to…
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Civil

Loan your cash at your risk – S. 138 may not help you !

Cash Loan your cash at your risk ! So you have a large “unaccounted cash ” lying at home. Unaccounted as in not declared in your Income Tax Returns. You loan it to someone and get a Cheque  from him in return. The Cheque bounces. Can you use the provisions of S. 138 of the Negotiable instruments Act to recover the amount ? The Law says NO ! See : Sanjay Mishra vs Kapoor @ Nikki on 24 February, 2009 ( Bombay High Court decision ) Held : ” The provision of section 138 can not be resorted to for…
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