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SUPREME COURT UPHOLDS RESTITUTION PRINCIPLE
SUPREME COURT UPHOLDS RESTITUTION PRINCIPLE

The legal principle of restitution, as articulated in Section 144 of the Code of Civil Procedure, 1908 (CPC), aims to restore a party to their original position prior to a decree or order being varied, reversed, set aside, or modified.  Key Elements of Restitution: ·      …

SUPREME COURT DISALLOWS AMENDMENT OF THE DATE OF THE CHEQUE
SUPREME COURT DISALLOWS AMENDMENT OF THE DATE OF THE CHEQUE

Background Section 138 of the Negotiable Instruments Act, 1881 (‘NI Act’) deals with the offence relating to the dishonour of a cheque for insufficiency of funds or if it exceeds the amount arranged to be paid from that account. Section 138 of the NI Act…

SUSPENSION OF SENTENCE IN SERIOUS OFFENCE IS AN EXCEPTION AND NOT A RULE
SUSPENSION OF SENTENCE IN SERIOUS OFFENCE IS AN EXCEPTION AND NOT A RULE

As per Section 389 of the Criminal Procedure Code (for short ‘CrPC’), a convict facing a sentence may have it suspended for legitimate reasons if he files an appeal with the appellate court. However, these appellate courts must document the reasons in writing prior to…

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