CS Ravi Bhushan Kumar

Happy Birthday Beta 🎂🎉
हमारा बेटा अर्णब भूषण ❤️

तुम हमारी आन, शान और पहचान हो।
भगवान तुम्हें हमेशा खुश रखे 🙏

*Good news from the Court Room*

⚖️ Delhi High Court ने restaurants से सवाल किया:

👉 “Jab kisi product ka MRP ₹10 hai, toh aap kis right se ₹100 charge kar rahe ho? Aur upar se service charge bhi?”

💡 Court ka clear stand:

Service Charge mandatory nahi hai 🚫

Yeh purely voluntary hoga – customer de ya na de, uski marzi 🙌

Jab restaurants already ambience aur experience ke naam par inflated prices le rahe hain, toh double burden of service charge bilkul unfair hai ❌

👨‍⚖️ Bench: Chief Justice DK Upadhyaya & Justice Tushar Rao Gedela

Court ne kaha ki forcibly service charge add karna ek unfair trade practice hai under Consumer Protection Act, 2019.

✨ What it means for Customers:
✅ Aapke rights aur strong hue 💪
✅ Bill mein transparency compulsory hai 📜
✅ Restaurants ko apni pricing policy rethink karni hogi 🏢

📌 Case: National Restaurant Association of India (NRAI) & FHRAI vs Union of India

👨‍⚖️ Bench: Chief Justice D.K. Upadhyaya & Justice Tushar Rao Gedela

👉 Simple words mein:
*"Jo paisa aap already MRP se zyada charge karke k**a rahe ho, wahi service aur ambience ka cost hai… extra service charge thopna galat hai!"*

Regards
आपके मित्र
Ravi Bhushan
FCS, LLM, IP, M.Com.
Advocate and Insolvency Professional
9990339200

m.com

📌 Supreme Court on Cheque Dishonour (S.138 NI Act)

🔹 Case: K.K.D. Pandian v. S. Tamilselvi
🔹 Bench: Justices Aravind Kumar & Joymalya Bagchi

✅ What SC said (Prima facie):

Cheque dishonour cases cannot be filed for repayment of illegal / unenforceable debts.

Such debts do not qualify as a “legally enforceable debt” under Section 138 NI Act.

⚖️ Background:

Madras HC acquitted the accused (cheque was for an illegal debt).

Complainant relied on Kerala HC’s ruling in C.V. Rajan v. Illikkal Ramesan (2015), which held that even repayment of money from an illegal promise (like securing a job) could attract S.138.

SC said Kerala HC view may not be in line with the law.

📅 Next Step: Notice issued → Matter to be examined further (returnable in 6 weeks).

👉 Takeaway: If a cheque is issued for an illegal consideration, dishonour may not trigger liability under Section 138 NI Act.

Regards
Ravi Bhushan
LLM, FCS, IP, M.Com
Advocate & Insolvency Professional
9990339200

m.com

*S.142 NI Act | Cheque Dishonour Complaint To Be Filed Where Payee Maintains Bank Account; Not Place Of Presentation : Supreme Court*

The case arose from a dispute concerning the dishonour of cheques issued by the Respondent towards repayment of a loan. The Appellant had deposited these cheques at Kotak Mahindra Bank's Opera House Branch in Mumbai. However, the account was maintained at the Bendurwell Branch in Mangalore. When the cheques got dishonoured, he filed a complaint there under the Negotiable Instruments Act. However, the Magistrate in Mangalore dismissed the complaint on the ground that jurisdiction lay where the cheques were physically presented i.e., Mumbai, a view later upheld by the High Court.

The bench comprising Justices Sanjay Kumar and SC Sharma set aside the Karnataka High Court's decision, which rejected a complaint filed in Mangalore on the ground that the cheque was presented in Mumbai.

*Cause Title:* Prakash Chimanlal Sheth Versus Jagruti Keyur Rajpopat

Best Regards
Have a nice day

Adv (CS) Ravi Bhushan Kumar
9990339200

Team SRA on the way for Internal Audit of Kribhcho Fertilizer Limited

R & Associates is currently looking for CS trainees and semi-qualified company secretaries.
(D-5, Noida Sector 10, 201301)
Stipend: Based on market conditions and the candidate's knowledge.
Key learning:
1. Valuation
2. Cases of Insolvency and Bankruptcy
3. IPR
4. FEMA Compliances
5. Secretarial Audit
6. Internal Audit
7. Merger
8. Court cases
9. NCLT and NCLT's matters
9. PSUs compliance and
10. Day-to-day secretarial and legal tasks such as incorporation, dissolution, fund-raising compliance, and so on.
Interested students can share their resumes at [email protected], to know more about us, one can visit