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...

The Delhi High Court has quashed one of two FIRs filed against former AAP councillor Tahir Hussain in connection with the 2020 Delhi riots. Both FIRs related to incidents on February 24, 2020, at the same location in Khajuri Khas. The court ruled that two FIRs for the same event were unnecessary, merging the second into the first as a supplementary chargesheet. This decision simplifies the legal process by avoiding duplication, offering clarity in handling similar cases. #DelhiHighCourt #DelhiRiots #TahirHussain #LegalNews #GaneshMishra Authored by Ganesh Mishra, Advocate and Founding Member, Mishra and Associates

 The Delhi High Court has directed authorities to prevent unauthorized parking near its premises. It emphasized that disorganized parking disrupts judicial functioning and inconveniences litigants. The court instructed the police and the Bar Association to enforce parking regulations and ensure smooth traffic flow, seeking regular updates on the measures implemented.

The Gujarat High Court is reviewing a PIL challenging the state's 2022 resolution mandating Bhagavad Gita teachings in schools for classes 6–12. Petitioners argue it violates secularism under the National Education Policy and constitutional provisions, alleging religious bias. The court remarked that the teachings are cultural and moral, not religious, and noted no urgency in the matter, listing the case for December. Advocate Ganesh Mishra Founding Member, Mishra and Associates Address: 107 B, Vikrant Enclave, Mayapuri, New Delhi - 110064 Phone: 011-47543026, 9136273395 Email: advocateganeshmishra@gmail.com Website: www.mishraandassociates.com | www.advocateganeshmishra.com Specializing in Supreme Court and High Court matters, providing expert legal services for justice seekers.

The Rajasthan High Court quashed a long-pending SC/ST Act case against actress Shilpa Shetty over her alleged use of the word "Bhangi" in a 2013 interview. Citing the lack of intent and a five-year delay in filing the complaint, the court dismissed the case, stating there was no evidence of malice. Advocate Ganesh Mishra: Your trusted legal expert in Delhi, specializing in complex litigation. Reach out at www.mishraandassociates.com or call 9136273395 for top-notch legal solu tions.

In a significant ruling, the Supreme Court disapproved of the High Court’s exclusion of future income potential when calculating motor accident compensation. The Court emphasized that both fixed-salary employees and self-employed individuals have the potential for income growth due to inflation and career progression. The bench of Justice Vikram Nath and Justice Prasanna B. Varale clarified that compensation should reflect the natural progression of an individual's career and their efforts to increase earnings over time. This includes not only fixed-salary employees but also self-employed individuals who adjust their fees or services in response to economic changes. The Court dismissed the notion that a self-employed or salaried individual’s income remains stagnant, stressing the importance of considering future earning potential in compensation calculations under Section 168 of the Motor Vehicles Act, 1988. It criticized the flawed assumption that fixed-salary and self-employed w...

The Delhi High Court has directed the Delhi Police to modify arrest memo forms to include a column for recording the "grounds of arrest" of an accused, ensuring compliance with Section 50 of the Cr.P.C. and Section 47 of BNSS, 2023. Justice Dinesh Kumar Sharma emphasized that anyone arrested must be informed of the specific offence and the reasons for their arrest. In the case of Pranav Kuckreja v. State (NCT of Delhi), the petitioner challenged his arrest in a matrimonial dispute, arguing that the grounds for his arrest were not communicated, violating the mandatory requirements of Section 50 Cr.P.C. Despite the Delhi Police's claim that the grounds were conveyed orally, the Court found the arrest memo deficient, as it lacked a column for the grounds of arrest. Granting bail, the Court declared the arrest illegal, citing non-compliance with Section 50 Cr.P.C. It emphasized that the grounds of arrest must be communicated to the accused immediately upon arrest. The Court ...