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Does the payment of 20% of the amount of the cheque as per amendment in the Negotiable Instruments Act, 1881 under Section 143 A applicable to cases pending prior to the amendment also ?

Section 148 of the Negotiable Instruments Act was also inserted in the Amended Act on September 1, 2018, with prospective effect. However, appellate courts in several cases directed the accused persons to deposit 20% of the cheque/compensation amount, treating the said provision retrospective in nature. Consequently, several accused approached the higher courts throughout the country.…
I am a co-owner in possession to the extent of 3/4th share in a property situated in village in Punjab. My brothers are co-owners to the extent of 1/4th share. Can I seek the grant of injunction from the competent court of law restraining my brothers against alienating the suit property to the extent of more than their share as they are changing the nature of the suit property by raising construction illegally and forcibly.

Free Civil Advice.There is a Division Bench judgment of Punjab and Haryana High Court titled as Bachan Singh Vs Swarn Singh, 2000(3) RCR (Civil) 70 in which it has been held that co-sharer in exclusive possession of the joint property has a right to enjoy and reap the fruits of the property even by raising…
My wife has registered an FIR under section 498-A and 406 of the IPC in districts Sangrur against me. Can I get an anticipatory bail in the matter?

cases of 498a/406 The sole consideration for the grant of bail in such like matters is to recover dowry articles (Istridhan) and joining of investigation before the Investigating Officer (IO). Once that is done, the grant of anticipatory bail can be availed of by you and the courts will be gracious enough to grant you…
Insurance claim has been denied to my relative on the ground that Insured did not disclose in the Medical Performa that he was suffering from Type-II /Diabetes Mellitus. Shortly, thereafter within months, the death of the Insured took place and the reason for death was diagnosed as ‘cardiac shock’. Will the legal heirs of deceased will succeed in getting insurance claim

The only reason to repudiate the insurance is that the insured did not disclose in the medical Performa that he was suffering from Type-II /Diabetes Mellitus. As the cause of death is ‘cardiac shock’ and the death has not occurred due to the well-known factual conditions in diabetics, therefore the reputation of insurance contract is…
Presently a civil suit is going on in Ropar courts between me as a defendant and another person as a plaintiff. The civil court has allowed the amendment in the civil suit under order 6, rules 17 of the Code of Civil Procedure for amendment of the plaintiff at a time when the case is ripe for final arguments. Can it be done by the civil judge at such a belated stage of the suit ?

No doubt both the parties have led evidence and the case has reached the stage of arguments. The amendment at the belated stage cannot be declined merely on the ground that the case has now been fixed for arguments and act this stage, the amendment cannot be allowed. If the amendment in question goes to…
I had purchased industrial land on which the some portion of building was also constructed at Himachal Pradesh jointly with a person who is now deceased. The deceased person also set up a private limited company over the property jointly purchased by us. The agreement between myself and the deceased had materialised at Panchkula, Haryana. The deceased person’s parents who are residing at Panchkula have now sold of the entire business along with the land at Himachal Pradesh without paying my money spent on the property for the purchase of land running into lacs of rupees. Where can I now file a suit for recovery of money ?

Section 20 Code of Criminal Procedure,1908 talks about jurisdiction, where cause of action or part of cause of action has arisen. Sub clause (a) of Section 20 explains that a suit can be instituted in the court within the local limits of whose jurisdiction, defendant at the time of commencement of the suit, actually or…
Is the Builder bound to pass over the benefit of ITC to its buyers ?

In one case, over a 100 home buyers had filed an application against Pyramid Infratech for not passing on the Input Tax Credit (ITC) of the GST paid on construction services. The National Anti-profiteering Authority (NAA) directed the company to refund or reduce Rs 8.22 crore from the buyers’ last installment along with 18% interest…
Whether GST paid under wrong head can be adjusted under another ?

The Kerala High Court in November ruled that any GST mistakenly paid under one head can be adjusted under the correct head. It observed that the GST Act provides for the refund of the tax paid mistakenly under one head instead of another, like ‘SGST’ instead of ‘IGST’, but the GST Refund Rules also speak…
What will be the GST registration limit for property co-owners ?

It has been held by the AAR that when the rent is collected together and divided equally between respective co-owners of a jointly owned property, the small business exemption for registration under GST will be available to all the co-owners separately. The total rent from all the properties will not be a factor in this…
Whether on goods procured from one country and directly supplied to another, GST is leviable ?

This question has been answer in a case of Synthite Industries Ltd which had filed an application for advance ruling to determine if GST is applicable on sale of goods that are shipped directly from China to the USA without entering India. The AAR held that the goods are liable to GST when imported into…

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