Mr.Ramanbhai Mathurbhai Patel vs. State of Maharashtra & Anr.

Well, you read the Dashrath Rupsingh Case of Supreme Court on territorial jurisdiction in cheque bouncing case . Now read the summary of this Bombay High Court’s judgment delivered on August 25, 2014 which held that all the cases of cheque bouncing, where the cheque was payable at all branches of the bank, can be filed in the court within whose local jurisdiction the nearest available branch of Drawer’s bank was situated.

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Dhodha House Vs. S.K. Maingi & Patel Field Marshal Industries and Ors. Vs. P.M. Diesel Limited

Dhodha House Vs. S.K. Maingi & Patel Field Marshal Industries and Ors. Vs. P.M. Diesel Limited (2006) 9 SCC 41 In this matter, there were two civil appeals before the Hon’ble Supreme Court. Facts: 1st Civil Appeal Appellant filed a suit against the Respondent to protect his copyright, trade marks and common law rights as…

DASHRATH RUPSINGH RATHORE Vs. STATE OF MAHARASHTRA

Citation: MANU/SC/0655/2014 Decided On: August 1, 2014 Key Words: Territorial Jurisdiction, Section 138, Negotiable Instruments Act, Dishonour of Cheque, Cheque Bouncing Issue: Court’s territorial jurisdiction regarding criminal complaints for dishonour of cheque under the Negotiable Instruments Act (“Act“). Significance: The present case strikes a discordant note on certain aspects of territorial jurisdiction which have for long been considered settled by earlier decisions…

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J.R. Kapoor Vs. Micronix India

J.R. Kapoor Vs. Micronix India 1994 Supp (3) SCC 215 Respondent as well as the Appellant manufactured and sold various electrical and electronic goods. Respondent filed a suit for injunction against the use of the trade name ‘MICROTEL’, the logo ‘M’ and the Packing carton on the ground that the same is similar to it’s…

Indo Rolhard Industries Ltd. Vs. M.K. Mahajan & Anr.

[2013] 178 CompCas 282 (Delhi) FACTS: A petition was filed by two shareholders for winding up of the appellant-company under section 433 of the Companies Act, 1956. The company court by the impugned order admitted the petition, directed the company to be wound up and, ordered the citation to be published in the “Statesman” (English)…

Composite Contract of Service and Sale

Case History: Prior to the 46th Amendment of the Indian Constitution, composite contracts such as works contracts, hire-purchase contacts and catering contracts were not assessable as contracts for sale of goods. The locus classicus holding the field was State of Madras v. Gannon Dunkerley & Co. 9 STC 353 (SC). The classic concept of sale was…

State of Haryana and Ors. vs. Navir Singh and Anr.

State of Haryana and Ors. vs. Navir Singh and Anr. AND State of Punjab and Ors. vs. Pagro Foods Ltd. and Ors. Before: Supreme Court of India Date of Judgment: October 7, 2013 Facts: The facts in both the cases being similar, these cases were heard jointly by the Court. Punjab National Bank (“PNB”) sanctioned…

Pandiyan Roadways Corpn. Ltd. v. N. Balakrishnan

Pandiyan Roadways Corpn. Ltd. v. N. Balakrishnan (2007) 9 SCC 755 Key Words: shall, directory, mandatory, substantive, procedural, prejudice, non-compliance Facts: Respondent herein was employed as a helper of Appellant. A criminal complaint was lodged against him for alleged commission of theft. A disciplinary proceeding was also initiated against him. In the disciplinary proceeding, he…

State Bank of Patiala & Ors. vs. S.K. Sharma

State Bank of Patiala & Ors. vs. S.K. Sharma (1996) 3 SCC 364 Key Words: non-compliance, substantial compliance, prejudice, substantive, procedural Facts: A disciplinary enquiry was held against the respondent in respect of certain charges. At the conclusion of the enquiry, a report was submitted by the enquiry officer holding both the charges established. The…