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Whether Issuing a Blank Cheque under Indian Law: Legal Validity, Section 138, and Judicial Precedents

  Whether Issuing a Blank Cheque under Indian Law: Legal Validity, Section 138, and Judicial Precedents Issuing a blank cheque , where only the signature is affixed and all other particulars are left blank, is a common practice in many business and personal transactions in India. While this might seem risky at first glance, Indian law has laid down clear principles regarding the legality and implications of such instruments. Is Issuing a Blank Cheque Legal? Yes, issuing a blank cheque is legally valid if the cheque is signed and voluntarily handed over to the payee , with authorization to fill in the remaining details, such as the amount and date. This practice is covered under Section 20 of the Negotiable Instruments Act, 1881 , which recognizes the authority of a holder in due course to complete an inchoate instrument. Relevance of Section 138 of the Negotiable Instruments Act Section 138 deals with the dishonour of cheques due to insufficiency of funds or stop payment instructio...
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No Prohibition To Adjudicate The Issue Regarding Court Fee As A Preliminary Issue: Karnataka HC

  No Prohibition To Adjudicate The Issue Regarding Court Fee As A Preliminary Issue: Karnataka HC IN THE HIGH COURT OF KARNATAKA  WP No 106540/2024 Cause Title: Erappa vs The Karnataka Kurubar Boarding, Koppal BENCH: JUSTICE C M PONNACCHA Appearances: Petitioner- Advocate Shriharsh A. Neelopant Respondent- Advocate Mrutyunjay S. Hallikeri, HCGP Kirti Lata R. Patil Date : 11/11/2024 The Karnataka High Court observed that there is no prohibition to adjudicate the issue regarding Court fee as a preliminary issue. The Court was considering against Trial Court order directing the plaintiff to pay deposit the Court fee at preliminary stage. The single-bench of Justice C.M. Poonacha observed, "...it is relevant to note that the Trial Court while requiring the plaintiff to pay Court fee has recorded a finding that the suit properties are the agricultural properties and the same has come within the CMC limits. Having regard to the judgment of Full Bench of the Court in the case of Mr...
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  The Maintenance And Welfare Of Parents And Senior Citizens Act, 2007: An Overview The legislation, Maintenance And Welfare Of Parents And Senior Citizens Act, 2007, is initiated by the Ministry of Social Justice and Empowerment ‘to provide for more effective provisions for the maintenance and welfare of parents and senior citizens guaranteed and recognized under the Constitution and for matters connected therewith or incidental thereto’. This Act extends to the whole of India except the State of Jammu and Kashmir and it applies also to citizens of India outside India. As per the Act, the term ‘senior citizen’ means ‘any person being a citizen of India, who has attained the age of sixty years or above’. In this article, we will explore important provisions of the Maintenance And Welfare Of Parents And Senior Citizens Act, 2007.  Important Provisions of the Maintenance And Welfare Of Parents And Senior Citizens Act Section 4 (Maintenance of Parents And Senior Citizens) : It st...
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Karnataka High Court Issues Guidelines To SHOs On Summoning Persons U/S 35 BNSS

  Karnataka High Court Issues Guidelines To SHOs On Summoning Persons U/S 35 BNSS High Court of Karnataka Bangalore  Bench: Justice M. Nagaprasanna WP No 15125/2024 (GM-RES) REPORTED  DATE : 19/07/2024 Cause Title- Tavaragi Rajashekhar Shiva Prasad v. State of Karnataka & Ors The Karnataka High Court has issued guidelines drawing a check list to Station House Officers (SHOs) for summoning persons under Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The Court was dealing with a writ petition filed by a man calling in question a notice issued by the Sub-Inspector of Police, Amruthalli Police Station under Section 41(1)(a) of the Criminal Procedure Code (CrPC). A Single Bench of Justice M. Nagaprasanna said, “In the light of the mandate of law under Sections 41 and 41-A of the Cr.P.C., which is now under Section 35 of the BNSS, it becomes necessary to the State to issue guidelines drawing a check list to all those Station House Officers, akin to what...
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Consumer court orders ₹25k compensation to man who sued Kerala Matrimony over failure to find a bride

  Consumer court orders ₹25k compensation to man who sued Kerala Matrimony over failure to find a bride A district consumer disputes redressal forum (DCDRC) at Ernakulam, Kerala recently ordered Kerala Matrimony to pay ₹25,000 as compensation (apart from costs) to a man who alleged that the matrimonial services website had failed to deliver on its promise to find him a bride. District forum President DB Binu and members Ramachandran V and Sreevidhia TN passed the order on May 15 after concluding that there was a deficiency of service on the part of Kerala Matrimony. The forum added that the complainant was one of several 'victims' of the matrimonial website, going by public opinions from social media that were produced by the complainant to support his case. " The opposite party had given attractive displays to catch the attention of the seekers of required and had not provided necessary services to them and the opposite party have not produced any evidence to prove that ...
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