Even if signature on cheque and specimen signature in Bank are different, even then check dishonor offense of 138 made out.

M/s Laxmi Dychem V State of Gujarat 27.11.2012 JT 2012 (12) SC 65

Many smart people used to give post dated cheques with a different signature. Bank returns the cheque saying that signature does not tally with specimen signature given in Bank.

SC has now held that such cases are also punishable under 138 of Negotiable Instrument Act.

Earlier these cases were dealt with as cases of cheating under 420IPC.

Haresh Raichura
11/2/2013

False case by wife. Damaging public image of husband. Ground for divorce

U.Shree v U Srinivas 11.12.2012 JT 2012 (12) SC 358

Sometimes, after filing complaints against Husband, wife side gives information in press.

Newspaper publish such allegations contained in FIR of wife.

This damages public reputation of Husband and his relatives. Acrimony develops between parties.

Court said that this is "Mental Cruelty to husband" and it is good ground for granting divorce in favor of husband.

Haresh Raichura
11/2/2013

Court can appoint Amicus Curie Advocate to defend accused if his advocate says No instruction

When a criminal appeal comes up for hearing, and if advocate for appellant says that he has no instruction to appear, then court will appoint an Amicus Curie, ( Friend of Court) to assist court and then, this court appointed advocate will argue for appellant.

DaharamPal v U P followed in Jeewan & Ors v Uttarakhand 13.12.12 SC JT 2012 (12) SC 473

Haresh Raichura
25/2/2013