Yes, the Supreme Court of India can dissolve a marriage even if one spouse objects, by invoking its extraordinary powers under Article 142(1) of the Constitution on the ground of “Irretrievable Breakdown of Marriage.” As established in the Constitution Bench ruling Shilpa Sailesh v. Varun Sreenivasan, the Court can grant a decree of divorce to …
Can the Supreme Court Dissolve a Marriage Even If One Spouse Objects? Read More »
By Advocate Ajay Malik | Supreme Court, Delhi High Court & All District Courts When a business client, buyer, or borrower issues a cheque that bounces due to “Funds Insufficient” or “Account Closed,” creditors immediately look toward Section 138 of the Negotiable Instruments Act, 1881 (NI Act) to recover their funds. However, unlike regular civil …
5 Fatal Mistakes People Make When Sending a Cheque Bounce Notice in India Read More »
By Advocate Ajay Malik | Supreme Court, Delhi High Court & All District Courts Raksha Bandhan is one of India’s most deeply rooted and revered festivals, symbolizing the pure bond of love, respect, and mutual duty between brothers and sisters. As sacred threads are tied and blessings are exchanged, the core sentiment of the festival …
By Advocate Ajay Malik | Supreme Court, Delhi High Court & All District Courts Receiving a summons from a Magistrate Court in a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) is a serious legal challenge. The immediate reaction of many individuals and business owners is to approach the High …
By Advocate Ajay Malik | Supreme Court, Delhi High Court & All District Courts In structured commercial trade, supply chain agreements, and personal loan transactions across India, payments are often divided across several post-dated cheques (PDCs). However, when the drawer defaults and multiple cheques bounce simultaneously or in succession, payees face a critical legal question: …
By Advocate Ajay Malik | Supreme Court, Delhi High Court & All District Courts Can You Be Prosecuted Under Section 138 NI Act for a Bounced Security Cheque? Yes, you can be prosecuted under Section 138 of the Negotiable Instruments Act for a bounced security cheque if a legally enforceable debt exists when the cheque …
By Advocate Ajay Malik | Supreme Court, Delhi High Court & All District Courts The rise of digital media has transformed how legal information is shared across India. However, the legal profession in India is governed by strict statutory rules prioritizing public duty over commercial enterprise. Under the Advocates Act, 1961 and the Bar Council …
By Advocate Ajay Malik | Supreme Court, Delhi High Court & All District Courts How to Secure Anticipatory Bail Under Section 482 BNSS in Delhi NCR? Under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), an individual apprehending arrest in a non-bailable offense can apply for Anticipatory Bail directly before the Sessions Court …
How to Get an Immediate Stay Order Against Illegal Construction or Encroachment? To immediately stop unauthorized construction or illegal encroachment, you must file a Civil Suit for Permanent Injunction along with an urgent Application for Temporary Injunction under Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC). The District Court …
Can You Be Prosecuted Under Section 138 NI Act for a Bounced Security Cheque? Yes, you can be prosecuted under Section 138 of the Negotiable Instruments Act for a bounced security cheque if a legally enforceable debt exists when the cheque is presented. However, if the underlying loan or contract was already paid in full, …
