20-02-2010 - Bombay High Court

Bombay High Court held - Banks cannot prosecute borrowers under section 138, Negotiable Instrument Act, if blank post-dated cheques issued by them as collateral security are dishonoured. The court upheld the acquittal of Ahmednagar resident Rajendra Warma, who was prosecuted after a blank cheque issued by him for a loan was dishonoured. ​

''It is doubtful if the provisions of Section 138 of the Negotiable Instruments Act can apply to a case in which a blank or post-dated cheque is obtained by a bank or money lender before or while sanctioning or disbursing loan amounts as security for the loan,'' said Justice P R Borkar. The order is likely to come as a huge setback to lending agencies who ask borrowers to deposit blank post-dated cheques as security. ''Law-makers must not have intended or imagined that money lenders or banks would obtain blank or post-dated cheques while sanctioning/disbursing loans as securities and would use them to make debtors/borrowers repay the loan under threat of prosecution and punishment (under the cheque-bouncing law),'' added the judge".
 

12-07-2006 - Supreme Court of India

A bare reading of Section 375 makes the position clear that rape can be committed only by a man.  The section itself provides as to when a man can be said to have committed rape.  Section 376(2) makes certain categories of serious cases of rape as enumerated therein attract more severe punishment.  One of them relates to "gang rape".  The language of sub-section(2)(g) provides that "whoever commits  'gang rape" shall be punished etc. The Explanation only clarifies that when a woman is raped by one or more in a  group of persons acting in furtherance of their common intention each such person shall be deemed to have committed gang rape within this sub-section (2).  That cannot make a woman guilty of committing rape.  This is conceptually inconceivable.   A woman cannot be said to have an intention to commit rape.

21-03-2006 - Supreme Court of India

 Irretrievable breakdown of marriage is a ground for the grant of divorce-  Supreme Court of India in its landmark judgment held  that -Before we part with this case, on the consideration of the totality of facts, this Court would like to recommend the Union of India to seriously consider bringing an amendment in the Hindu Marriage Act, 1955 to incorporate irretrievable breakdown of marriage as a ground for the grant of divorce. A copy of this judgment be sent to the Secretary, Ministry of Law & Justice, Department of Legal Affairs, Government of India for taking appropriate steps.

04-07-2003 - Andhra Pradesh High Court

ANDHRA PRADESH HIGH COURT held-  "I am of considered view that the cheque issued without mentioning the amount for which it is drawn is not a cheque at all. It is not a bill of exchange at all as it is not drawn for a certain amount. When such is the thing, the question of invoking Section 138 of the Act does not arise". 

15-02-2002 - Supreme Court of India

Evidence Act- Effect of Two Dying Declarations

In case of two dying declaration first indicating that deceased died of accidental burns while second indicating she died as she was unable to bear dowry demands and harassment meted out by acussed committed suicide by setting herself ablaze. Court relied on second DD and rejected first. It was held placing a reliance on the dying declaration recorded after adopting proper procedure and taking necessary precautions and which appears trustworthy.

24-04-1992 - Supreme Court of India

The medical officer should mention the negative facts in his report, but should not give his opinion that no rape had been committed. Rape is crime and not a medical condition. Rape is a legal term and not a diagnosis to be made by the medical officer treating the victim. The only statement that can be made by the medical officer is that there is evidence of recent sexual activity. Whether the rape has occurred or not is a legal conclusion, not a medical one.