Supreme Court Explains: Debt Becoming Financial & Operational Debt  ||  P&H HC: Model Code of Conduct Can’t Stand in Way of Execution of Judicial Order  ||  Chh. HC: Can’t Build Matrimonial Home With Bricks & Stones, Love & Respect Between Spouses Required  ||  Ker. HC: Fitting of Sensors in Buses Used as Stage Carriages Can’t be Insisted by Registration Author  ||  Kar. HC: Can’t Consider Party’s Declaration, Promise of Policies as Corrupt Practise under RP Act  ||  Bom. HC: Public Sector Banks Not Empowered to Issue Look Out Circulars Against Loan Defaulters  ||  Mad. HC: Child Needs Safe & Caring Environment While Growing up, Corporal Punishment Not a Solution  ||  Mad. HC: 2020 Amendment to Public Premises (Eviction of Unauthorised Occupants) Act, Struck Down  ||  Del. HC: Persons Not Accused of Deceiving Others Should Handle Haj Pilgrims  ||  Del. HC: Centre Directed to Decide Plea to Recruit Women Through CDS, Within Eight Weeks    

M/s Bridgestone India Pvt. Ltd. v. Inderpal Singh - (Supreme Court) (24 Nov 2015)

Jurisdiction vested where cheque delivered for collection

Banking

The Supreme Court accepted the explanation that pursuant to the Negotiable Instruments (Amendment) Second Ordinance, 2015, “the place where a cheque is delivered for collection, i.e. the branch of the bank of the payee or holder…where the drawee maintains an account, would be determinative of the place of territorial jurisdiction.” It noted that on the issue of jurisdiction, Section 142A of the Negotiable Instruments Act, 1881 would take precedence over the Code of Criminal Procedure. It distinguished a previous ruling in Dashrath Rupsingh Rathod v. State of Maharashtra which would have impeded territorial jurisdiction for initiating proceedings in the instant case.

Relevant : Dashrath Rupsingh Rathod v. State of Maharashtra MANU/SC/0655/2014

Tags : DISHONOURED CHEQUE   JURISDICTION   COLLECTION   DRAWEE  

Share :        

Disclaimer | Copyright 2024 - All Rights Reserved