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Attorney at Law ROHIT & RESHAM providing legal advice and assistance to clients in all areas of Law.
31/05/2026
⚖️ SUPREME COURT ON CHEQUE BOUNCE CASES UNDER NI ACT ⚖️
📌 Mere designation as an office bearer of a society is NOT enough to attract criminal liability under Section 138/141 of the Negotiable Instruments Act.
In a significant judgment, the Hon’ble Supreme Court held that an office bearer, trustee, president, secretary, or committee member of a society cannot be prosecuted for cheque dishonour merely because of their position.
🔹 The complaint must specifically show that the person was: ✔️ In charge of the conduct of the business of the society; and ✔️ Responsible for the transaction leading to the issuance of the cheque.
🔹 Vicarious liability cannot be imposed on assumptions or designation alone.
🔹 Courts must examine whether there are clear allegations showing the active role and responsibility of the accused in the affairs of the society.
📖 KEY LEGAL PRINCIPLE: “Criminal liability follows responsibility, not merely designation.”
⚠️ This judgment reinforces the settled principle that criminal prosecution cannot be used mechanically against every office bearer without specific allegations demonstrating their involvement.
👨⚖️ LEGAL TAKEAWAY: Before initiating proceedings under Section 138 read with Section 141 NI Act, the complainant must establish a factual foundation showing the accused's active role in the conduct of the business and the transaction in question.
— For legal awareness only. This post does not constitute legal advice.
31/05/2026
⚖️ SUPREME COURT FLAGS MISUSE OF POCSO IN MATRIMONIAL DISPUTES
The Hon’ble Supreme Court has expressed serious concern over the growing trend of filing false and vexatious criminal cases in matrimonial disputes, including allegations under the POCSO Act against husbands and their family members.
📌 Key Observations of the Court: ▪️ Criminal law should not be used as a tool for personal vendetta or coercion.
▪️ Courts must carefully scrutinize allegations arising from matrimonial conflicts.
▪️ False complaints can cause irreparable damage to reputation, liberty, and family relationships.
▪️ The Court noted an “uglier side of matrimonial litigation” where children are allegedly used as instruments in legal battles between estranged spouses.
⚠️ The Court emphasized:
While genuine victims must receive full legal protection, frivolous and fabricated complaints undermine the justice system and overshadow legitimate grievances.
👨⚖️ Legal Takeaway:
Every allegation deserves a fair investigation, but criminal proceedings should never become a means of pressure, revenge, or settlement leverage.
📖 Case Reference:
Ishwar Chand Sharma & Ors. v. State of Uttar Pradesh & Anr. (2026)
❌ Affidavit se divorce nahi hota.
✔️ Marriage dissolve hoti hai sirf court ya proper legal process se.
Gauhati High Court ne clear kar diya —
Notary affidavit ka divorce ya maintenance par koi legal effect nahi hota.
⚖️ Legal clarity matters.
📍 Nyay R&R Associates
⚖️ Legal Awareness | Family Law | Rights Protection
Illegal bank account freezing can shut down lives and businesses.
The Allahabad High Court has now set clear safeguards for cyber crime investigations.
📌 Know the law.
📌 Protect your finances.
Team Nyay R&R Associates
Wife ka Husband ki Property par Automatic Right?
Legal Facts Explained
Shaadi ke baad kya wife ko husband ki property mein automatic legal right milta hai?
Is video mein samjhiye self-acquired property, ancestral property aur maintenance rights ka clear legal position — bina myths ke.
👉 Explained by Team Nyay R&R Associates
⚖️ Law | Facts | Awareness
Gift Deed Cancellation | Senior Citizens Act | Section 23 Explained | Chhattisgarh High Court
In this video, we discuss an important High Court ruling on gift deed cancellation under the Senior Citizens Act, 2007.
🔹 Can parents cancel a gift deed?
🔹 Is maintenance clause mandatory in gift deed?
🔹 What happens if parents are neglected after property transfer?
This judgment clarifies that care of senior citizens is an implied condition in family property transfers.
📌 Must watch for parents, children, and legal professionals.
⚖️ Legal Awareness Channel
Team Nyay R&R Associates
Maintenance under Section 125 CrPC is meant to protect those who genuinely cannot maintain themselves — not to reward concealment of facts.
In a recent judgment, the Punjab and Haryana High Court made it clear that if a wife hides her income or employment details while seeking maintenance, such a claim is liable to be rejected.
This video explains:
◾️When maintenance can be denied
▪️Why truthful disclosure is mandatory
▪️How courts view concealment of income
▪️The real purpose of Section 125 CrPC
⚖️ Watch till the end to understand how honesty plays a decisive role in maintenance cases.
Team Nyay R&R Associates
Courts Are NOT Your Battlefield | Supreme Court on Matrimonial Disputes
The Supreme Court of India has raised serious concern over the growing misuse of matrimonial laws and the increasing trend of turning marital disputes into criminal litigation.
The Court observed that: • Every marital disagreement cannot result in FIRs and criminal cases
• Courts cannot be used as a battlefield for ego clashes
• Mediation, counselling and dialogue must be sincerely attempted before litigation
This video explains the Supreme Court’s observations, their legal impact, and why mediation is the way forward in matrimonial disputes.
📌 Watch till the end for a clear legal perspective.
Team Nyay R&R Associates
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