Advocate Ganesh Mishra, Distinguished Attorney, Delhi, India

Supreme Court’s Landmark Ruling on Omnibus Demand Notices Under Section 138 NI Act: What Cheque Dishonour Victims Must Know In a significant judgment dated December 12, 2023, the Supreme Court of India in Upasana Mishra v. Trek Technology India Pvt. Ltd. (Criminal Appeal No. 3786 of 2023) has clarified the legal requirements for demand notices under Section 138 of the Negotiable Instruments Act, 1881. This ruling is a crucial development for anyone who has faced the frustration and financial loss caused by cheque dishonour. Facts of the Case The appellant, Ms. Upasana Mishra, issued a legal demand notice to the respondent company after a cheque was dishonoured. The notice demanded a lump sum amount of ₹6,50,000 which included: - The cheque amount (not specifically stated), - Interest at 12% per annum from the date of dishonour, - Damages of ₹50,000 per month, - Notice charges of ₹5,500. The notice did not clearly specify the exact cheque amount separately but made an omnibus demand com...

Introduction Senior Advocates in India occupy a prestigious position within the legal hierarchy. Their designation reflects exceptional legal expertise and contributions to the field. This article explores whether matters handled by Senior Advocates are inherently significant or if their involvement elevates the importance of such cases. Understanding the Role of Senior Advocates Senior Advocates are designated under Section 16 of the Advocates Act, 1961, based on their legal acumen, standing at the Bar, and contributions to jurisprudence. They are restricted from directly accepting briefs or engaging in drafting work, focusing solely on courtroom advocacy. Do Senior Advocates Handle Only Important Cases? Senior Advocates often deal with high-stakes cases, ranging from constitutional challenges to complex commercial disputes. Their designation itself implies trust in their ability to handle intricate legal issues. However, courts do not select cases based solely on their importance; ra...

Advocate Ganesh Mishra closely follows significant legal developments that impact society. Recently, the Supreme Court questioned the Delhi Government regarding subsistence allowance payments to workers affected by Graded Response Action Plan (GRAP) restrictions. The Court raised concerns about denying payments to eligible workers whose bank accounts are not linked with Aadhaar. This case highlights critical issues of fairness and accessibility in legal systems. As a seasoned advocate, Ganesh Mishra understands the complexities of such cases and is equipped to handle disputes involving government policies, worker rights, and systemic challenges. Whether you are dealing with legal matters related to employment or broader constitutional issues, our firm ensures thorough representation and strategic advice. Why Choose Advocate Ganesh Mishra? Expertise Across Legal Domains From  criminal defense  to  property disputes , Advocate Ganesh Mishra offers comprehensive legal servic...

Article 227 of the Indian Constitution grants supervisory powers to the High Courts over all subordinate courts and tribunals within their territorial jurisdiction. This provision ensures that these judicial bodies function within the bounds of law and maintain procedural integrity. Key Provisions Superintendence Over Courts and Tribunals: High Courts are empowered to oversee the functioning of all courts and tribunals in their jurisdiction, ensuring compliance with legal standards. Administrative Powers: Under Clause 2, High Courts can: Call for reports from subordinate courts. Issue rules and prescribe forms for regulating practices and proceedings. Specify formats for maintaining records and accounts by court officers. Fee Regulation: Clause 3 allows High Courts to determine fees for clerks, attorneys, advocates, and other court personnel, subject to approval by the Governor. Exclusions: Article 227 explicitly excludes supervisory authority over courts or tribunals established under...