CASELAWS

Ans: Nandkishore Mehra v. Sudhir Transport Ltd.Bombay High Court, Apr 24, 2008. The Bombay High Court held that if there is no oral and documentary evidence by complainant about legal liability, section 138 of NI act will not be applicable and the acquittal of accused is just and proper.

Ans:  Pawan Enterprises vs Satish H. Verma on 10 January, 2003 . The Bombay High Court held that the post dated cheque was issued as security and not in discharge of any liability and amount paid in installments was not incorporated in demand notice. The order of acquittal by trial court is just and proper. x x

Ans: Vikash Goyal v. Vijay Kumar, Punjab & Haryana High Court, Nov 10, 2014  The honourable Punjab and Haryana High Court held that when there is contradiction in the statements of complainant and the story put-forth by complainant/applicant was doubtful, the acquittal of accused warrants no interference.

Ans: The principle of Natural Justice is derived from the word ‘Jus Natural’ of the Roman law and it is closely related to Common law as well as moral principles but is not codified. It is a law of nature which is not derived from any statute or constitution. The principle of natural justice is adhered to by all the citizens of civilised State with Supreme significance. In the ancient days of fair practice, at the time when industrial areas ruled with a harsh as well as rigid law to hire and fire, the Supreme court gave its command with principles of natural justice for establishment of social justice and economic statutory protection for the workmen.

Ans: The first one is “Hearing rule” which states that the person or party who is affected by the decision made by the panel of expert members should be given a fair opportunity to express his point of view to defend himself. Secondly, “Bias rule” generally expresses that panel of expert should be biased free while taking the decision. The decision should be given in a free and fair manner which can fulfil the rule of natural justice. And thirdly, “Reasoned Decision” which states that order, decision or judgement of the court which is given by the presiding authorities with a valid as well as reasonable ground.

Ans: Natural justice is a sense of what is wrong and what is right.