LegalCrystal – Blog

An appeal shall lie to the High Court from every decree passed in appeal by any Court subordinate to the High Court, if the High Court is satisfied that the case involves a substantial question of law.[section 100 C.P.C.]

Any question of law which affects the final decision in a case is a substantial question of law as between the parties. A question of law which arises incidentally or collaterally, having no bearing on final outcome, will not be a substantial question of law.

Even if there is a clear enunciation of law by Supreme Court or by the concerned High Court, but the lower Court had ignored or misinterpreted or misapplied the same, and correct application of the law as declared or enunciated by Supreme Court or the concerned High Court would have led to a different decision, the appeal would involve a substantial question of law as between the parties. Even where there is an enunciation of law by Supreme Court or the concerned High Court and the same has been followed by the lower Court, if the appellant is able to persuade the High Court that the enunciated legal position needs reconsideration, alteration, modification or clarification or that there is a need to resolve an apparent conflict between two view points, it can be said that a substantial question of law arises for consideration.[2008 AIR SCW 4355(A)]

A TRUE STORY A DAY

ENRICH YOUR LEGAL KNOWLEDGE

ANTICIPATORY BAIL

You cannot pray for a blanket Order

On 2/2/2007 an article is published in Kannada Daily Newspapers [Karavali Ale, Sanje Ale and Kannada Janataranga] regarding Jain Religion and some Jain Saints. In that regard, two complaints are lodged against the Chairman and Director and Managing Director of Kannada Daily Newspapers. One complaint in Panambur Police Station,Mangalore and another in Sagar Town, Shimoga District. In both these crimes, the Chairman & M.D.are arrested and released on bail.

Both the crimes were registered for the offences punishable under Sections 153-A,153-B,295-A read with Section 34 of IPC – As the articles published by them are aimed to create disharmony and clashes among the different classes of the society. It is observed in the said article the Jain Muni shri Tarun Sagar is depicted as a naked Muni causing obscenity to the public, the religious processions of Jain Muni are compared to that of banned activity of Bethale Seve in certain portions of Karnataka. According to the State, Jain Munis particularly digambaras are aimed at promoting peace, harmony and tranquility in the society.

Except the aforesaid two crimes no other crime is registered against the Newspaper as on the date of the Criminal Petition filed in the High Court. The Chairman and M.D. of the Newspaper had sought for relief of bail in all future cases to be registered against petitioner anywhere in State.

Court felt the petitioners apprehension must be founded on reasonable grounds. Mere fear is not belief. It is necessary to show the imminence of a likely arrest founded on reasonable belief. Anticipatory bail is a device to secure the individuals liberty and it is neither a passport to the commission of the crimes nor a shield against all and any of the crimes.

Court held such a relief of blanket order of anticipatory cannot be granted however it is open for the Newspaper people to file application for anticipatory bail or bail in individual cases if the crimes are registered against them.

**************

Dear Bangaloreans wake up!!!!!!!!!!

You can register your Complaints with BBMP ONLINE [News you can use]

Complaints like tree fall, health, revenue and civic infrastructure works can be filed on new BBMP website Spandana: www.spandana.kar.nic.in

As soon as the complaint is lodged, it gets registered in the main bank. The citizen will also get a SMS informing him about the status of the complaint. The information about the complaint area and the complaint details will be forwarded to the officer concerned.

The time taken will differ according to the nature of the complaint. While the minimum response time is 24 hours, the maximum can extend up to even six months. Complaints in relation to removal of tree branches, street lighting, garbage collection etc. will be addressed within 24 hours. Infrastructure work like road asphalting will take longer, may be three to four months, as it requires administrative approval.

The citizens can call the control room No.22660000 or lodge complaints online.

BWSSB has 24 hour hotline

The Bangalore Water Supply and Sewerage Board will address any water or sewerage complaints within a day. There are service stations in every locality where any water sanitation or even billing complaints can be lodged.

To register a complaint by phone, the 24 hour hotline number is 155313. You can also address a mail to the chairman at chairman@bwssb.org and to the PRO at pro@bwssb.org for the redressal of any complaints.

The water inspector or the sanitation inspector will be sent to inspect the area and take required measures. In case of a blocked sanitary pipe, the manhole will first be cleaned manually using bamboo sticks. If the pipe is still blocked, jetting or pressure machines will be used to clear it. Despite this, if the pipe gets frequently choked or overflows, then the sanitation inspector will analyze the problem and, if need be, replace the pipes with one having a higher diameter.

******************

ENRICH YOUR LEGAL KNOWLEDGE

Dishonoured On the ground of Account Closed/Signature does not tally with the specimen?

One of the pre-requisites to file a Complaint under Section 138 of Negotiable Instruments Act for dishonour of Cheques is- A demand should have been made for the payment of the amount of the cheque by a written notice to the drawer within thirty days (before amendment 15 days) from the receipt of information by the payee or holder in due course from the Bank regarding the unpaid cheque.

The below incident shows that one should be very alert and informed while dealing with bounced cheques!

In a particular instance, the drawer of the cheque had issued a cheque for Rs.2,50,000/- towards the discharge of debt liability in favour of the payee/complainant(one who has filed the complaint).

The cheque was presented on 3/6/1998 and it was dishonoured on the ground “account closed by the drawer.

Without issuing a statutory notice within 15 days (after amendment 30 days) he re-presented the cheque on 25/6/1998 through Syndicate Bank for collection.

The cheque was dishonoured again on the ground that account closed.

Then a statutory notice was issued within 15 days from the date 25/06/1998 and a private complaint was filed under the assumption that he was well within the time of limitation to file the complaint after re-presentation of the cheque.

In this case the accused(the drawer) denied the existence of any debt liability.And submits that the accused had handed over a signed blank cheque to his wife which was given to the daughter of the accused and from whom the cheque is taken by the complainant and after fabrication a false complaint is filed.

In the Criminal Appeal the High Court felt the dishonour of a cheque on the ground of account closed may be technically within the meaning of legal phrase of insufficiency of fund. But as a fact, both the situations are not always identical. In the case of literal situation of insufficiency of funds in the account successive presentation may serve purpose. The drawer could be given opportunity to make good the funds in the account for honouring the cheque on the second presentation. But in the case of account closed the question of successive presentation makes no sense because the account itself is not in existence. There is no possibility of having a fruitful result by successive presentation, unlike the case of insufficiency of funds. Therefore, whenever the cheque is dishonoured on the ground of account closed, the payee cannot resort to successive presentation to save the limitation time. So also in the case of dishonour of cheque on the ground that the signature does not tally with the specimen.

Therefore the court held:In the instant case, it is substantially established by the accused(the drawer of the cheque) that the cheque was dishonoured on 3/6/1998 on its first presentation on the ground of Account Closed. Therefore, the conduct of the complainant in representing the cheque on 25/06/1998 is an unwarranted and unnecessary exercise in law.

The limitation should be computed from the date of dishonour i.e. on 3/6/1998. The legal notice issued by the complainant is beyond the period of 15 days envisaged under section 138 of Negotiable Instruments Act and is not in accordance with law. The complaint is barred by limitation. Accordingly the order of acquittal of accused is confirmed. The Criminal appeal filed by the Complainant is dismissed. [2007(4) AIR Kar R 523]

**********

Willful and deliberate disobedience of the Order of the Court is called Contempt of Court.

(a) Contempt of court” may be civil contempt or criminal contempt.

(b) “Civil contempt” means willful disobedience to any judgment, decree, direction, order, writ or other process of a court or willful breach of an undertaking given to a court.

(c) “Criminal contempt” means the publication (whether by words, spoken or written, or by signs, or by visible representation, or otherwise) of any matter or the doing of any other act whatsoever which-

(d) Scandalizes or tends to scandalize, or lowers or tends to lower the authority of, any court, or

(ii) Prejudices, or interferes or tends to interfere with the due course of any judicial proceeding , or

(iii) Interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner.[S.2 of Contempts of Courts Act]

Contempt by speech or writing may be by scandalizing the court itself, or by abusing parties to actions, or by prejudicing mankind in favor of or against a party before the case is heard. It is incumbent upon courts of justice to preserve their proceedings from being misrepresented, for prejudicing the mind of the people against persons concerned as parties in cases before the case is finally heard. Speech or writings misrepresenting the proceedings of the court of prejudicing the public for or against a party or involving reflections on parties to a proceeding amount to contempt. To make a speech tending to influence the result of a pending trial, whether civil or criminal is a grave contempt.

Punishment for Contempt of Court: a contempt of court may be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.

Provided that the accused may be discharged or the punishment awarded may be remitted on apology being made to the satisfaction of the court.

no court shall impose a sentence in excess of that specified in sub section for any contempt either in respect of itself or of a court subordinate to it.

where a person is found guilty of a civil contempt, the court, if it considers that a fine will not meet the ends of justice and that a sentence of imprisonment is necessary shall, instead of sentencing him to simple imprisonment, direct that he be detained in a civil prison for such period not exceeding six months as it may think fit.

(4) Where the person found guilty of contempt of court in respect of any undertaking given to a court is a company, every person who, at the time the contempt was committed, was in charge of, and was responsible to, the company for the conduct of business of the company, as well as the company, shall be deemed to be guilty of the contempt and the punishment may be enforced, with the leave of the court, by the detention in civil prison of each such person.

Provided that nothing contained in this sub section shall render any such person liable to such punishment if he proves that the contempt was committed without his knowledge or that he exercised all due diligence to prevent its commission.

(4) where the contempt of court referred to therein has been committed by a company and it is provided that the contempt has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manger, secretary or other officer of the company, such director, manager , secretary or other officer shall also be deemed to be guilty of the contempt and the punishment may be enforced, with the leave of the court, by the detention in civil prison of such director, manager, secretary or other officer.

Explanation – For the purpose of sub sections (4) and (5)-

(a) “Company ” means any body corporate and includes a firm or other association of individuals, and

(b) “Director” in relation to a firm, means a partner in the firm.[S.12 Contempts of Courts Act]