Author: Inder Jain

It is common knowledge that firms and individuals take cash loans from family members. The Income Tax Department often invokes Section 269SS and thereafter imposes penalty under Section 271D of the Income Tax Act. It needs to be deliberated whether the actions of the Department in such cases are legally justifiable. There are two sections in the Income Tax Act which regulate large cash transactions to curb black money and ensure transparency. The provisions Section 269SS and Section 269T play a crucial role in this context. Their primary purpose is to control cash transactions, restrict the flow of black money,…

Introduction It is common knowledge that patients visit hospitals, doctors’ clinics, or nursing homes for consultation, diagnosis, procedures, emergency treatment, or surgery without being fully aware of the charges involved. When the bill for such services is presented, patients or their families, unaware of the costs, are often taken aback and find themselves in a helpless situation. There is, therefore, a need for a uniform law to be legislated across all States and Union Territories of our country. Such legislation should ensure that patients are provided with full details in advance by displaying tariffs at various locations within the healthcare…

Legal Liability of Banks in Forged Cheque Cases The banking sector plays a pivotal role in facilitating safe financial transactions. Among the core duties of a bank is to honor the cheques drawn by its customers strictly in accordance with their mandate. However, when a cheque bearing a forged signature is honored by the bank, questions of negligence and liability inevitably arise. This article examines the legal liability of banks in cases where they encash cheques bearing forged signatures, duly supported by case law. Legal Principle: A Bank Must Honour Customer’s Mandate Banks act as agents of their customers in…

The Negotiable Instruments Act, 1881 (NI Act), particularly Section 138, aims to ensure the reliability of cheques as a payment method by criminalizing their dishonour due to insufficiency of funds or other reasons. However, if cheque is dishonoued after the issue of a cheque for the reason that the bank account is freezed in compliance of orders from Government authorities/ Enforcement agencies or Courts, a question arises whether such a dishonour of cheque, for reasons beyond the control of the drawer, can give rise to valid proceedings u/s 138 of the NI Act. This article explores the legal position, judicial…

Introduction It is the conviction of most of the Lawyers & Litigants that the Courts have authority in all enactments to condone delay beyond the statutory period as per the mandate of Section 5 and Section 29(2) of the Limitation Act, which has an overriding effect on all enactments. Before deliberating on the subject, it would be trite to reproduce section 5 and Section 29(2) of the Limitation Act which read as under: “5. Extension of prescribed period in certain cases. – Any appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil…