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Indian Laws - Highlights / Catch Notes

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Dishonour of Cheque - Scope of term "Shall" - Condition imposed ...


Supreme Court Clarifies "Shall" in Cheque Dishonor Cases: 20% Deposit Rule Not Absolute, Courts Have Discretion.

September 14, 2023

Case Laws     Indian Laws     SC

Dishonour of Cheque - Scope of term "Shall" - Condition imposed is mandatory of not - requirement of depositing 20% of the amount of compensation - In these cases, both the Sessions Courts and the High Court have proceeded on the erroneous premise that deposit of minimum 20% amount is an absolute rule which does not accommodate any exception - Appellate Court can grant relief in exceptional case - SC

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