whether-minor-driving-motor-cycle.

http://www.lawweb.in/2016/12/whether-minor-driving-motor-cycle.html?m=1

Deduction towards personal expenses – Case of permanent disability and not of fatality

*Important decision reported in ALL MR November 2017 part*

*Accident Claim* – Compensation – Deduction towards personal expenses – Case of permanent disability and not of fatality – Deduction of one-third towards personal expenses, improper.... *2017(6) ALL MR 288*

SC :: Cheque signature mismatch may lead to qualifcation for prosecution under Section 138 N. I. Act.

*SC :: Cheque signature mismatch may lead to qualifcation for prosecution under Section 138 N. I. Act.*
In a case where the cheque is returned unpaid by the bank on the ground that the signature of the drawer on the cheque differs from his specimen signature on record of the bank, a case of dishonour of cheque punishable under Section 138 may be made out if other ingredients of the offence are satisfied. The Supreme Court has ruled that in case of cheque bounce, a mismatch of signatures will be treated on par with insufficiency of funds, "payment stopped" and "closure of account", which are offences under Section 138 of the Negotiable Instruments Act, 1881. But It's not constitute an offence by itself. Such a dishonour in order to qualify for prosecution under Section 138 shall have to be preceded by a statutory notice where the drawer is called upon and has the opportunity to arrange the payment of the amount covered by the cheque. It is only when the drawer despite receipt of such a notice and despite the opportunity to make the payment within the time stipulated under the statute does not pay the amount that the dishonour would be considered a dishonour constituting an offence, hence punishable. *Laxmi Dyechem v. State of Gujarat, (2012) 13 SCC 375*

MV Act Compensation for Future Prospects, loss of estate, consortium & funeral expenses All Redefined by Constitution Bench(SC)

MV Act Compensation for Future Prospects, loss of estate, consortium & funeral expenses All Redefined by Constitution Bench(SC) Click >https://goo.gl/SNkwQ3

Cost for delaying tatics

SC:'House Locked' remark on Notice when sent by registered post is good service.

SC:'House Locked' remark on Notice when sent by registered post is good service.

_Cheque bounce cases. When notice sent by registered post returned with postal endorsement "house locked", "not available in the house", "house locked", "shop closed", "addressee not in station" "intimation served, addressee absent" etc, the requirement of Section 138 is complied with. Section 27 of the General Clauses invoked to raise the presumption of service of notice once notice is sent by registered post by correctly addressing to the drawer of the cheque. The accused may rebut the presumption later.

_Case:_
_*N. Parameshwara Unni Vs. G.Kannan and another.

_Citation:_
_*(2017) 5 SCC 737.*_