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Wednesday, April 17, 2024

whether justified in reversing the acquittal of the appellant Nos.1 and 2 and convicting them u/ss.302 and 201/34 and ss.302/34 and 201, Penal Code, 1860 respectively and sentencing accordingly; whether the prosecution proved its case beyond reasonable doubt and whether the appellants were guilty of committing the crime.

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* Author [2024] 4 S.C.R. 48 : 2024 INSC 258 Ballu @ Balram @ Balmukund and Another v. The State of Madhya Pradesh (Criminal Appeal No. 1167 ...

Limitation Act, 1963 – s. 14 – J&K Limitation Act – Art.182 –A suit was decreed in favour of plaintiff. Application for execution was filed before the Tehsildar (settlement), Hiranagar on 18.12.2000. The application was rejected on 29.01.2005. The Tehsildar observed that plaintiff had not applied before the Court with appropriate jurisdiction. Whether the period (18.12.2000 to 29.01.2005) diligently pursuing execution petition before the Tehsildar, would be excluded for the purposes of computing the period of limitation or not.

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* Author [2024] 4 S.C.R. 37 : 2024 INSC 259 Purni Devi & Anr. v. Babu Ram & Anr. (Civil Appeal No. 4633 of 2024) 02 April 2024 [Sanj...

Negotiable Instruments Act, 1881 – s.138 – Appellant borrowed Rs.2,00,000/- from the complainant – On receipt of demand, appellant issued a cheque for the said amount – It was dishonoured due to insufficient funds and ‘payments stopped by drawer’ – The complainant issued a notice of demand – No action on the part of the appellant was taken – Pursuant thereto, a criminal proceeding was initiated against appellant – Equally, though, the appellant had filed a civil suit with prayers to declare the said cheque as a security; direction for return of cheque and prohibitory injunction restraining any steps to encash the said cheque – The suit was decreed in favour of appellant – However, the Court seized of the s.138 N.I. Act complaint, convicted the appellant herein to undergo simple imprisonment for one year as well as pay compensation of Rs.2 lakhs in default whereof, he was to undergo further simple imprisonment for six months – First Appellate upheld the conviction – The High Court, in revision, observed no perversity in the concurrent findings of the Trial Court and First Appellate Court – Propriety:

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* Author [2024] 4 S.C.R. 29 : 2024 INSC 260 Prem Raj v. Poonamma Menon & Anr. (Criminal Appeal No. 1858 of 2024) 02 April 2024 [Sanjay K...

Constitution of India – Article 293 – Borrowing by States – Union of India inter alia imposed Net Borrowing Ceiling on the 14 [2024] 4 S.C.R. Digital Supreme Court Reports State of Kerala, to restrict its maximum possible borrowing – Suit filed by State of Kerala on the premise that by undertaking the impugned actions, Union of India imposed ceiling on all its borrowings, and exceeded its power u/Article 293 – It also sought interim injunction, inter alia, to mandate Union of India to restore the position that existed before it imposed ceiling on all its borrowings; and to enable it to borrow INR 26,226 crores on an immediate basis:

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* Author [2024] 4 S.C.R. 13 : 2024 INSC 253 State of Kerala v. Union of India (Original Suit No. 1 of 2024) 01 April 2024 [Surya Kant* and K...