Section 138 NI Act : Supreme Court Seeks Centre’s Views On Creation Of Additional Courts For Cheque Dishonour Case

first_imgTop StoriesSection 138 NI Act : Supreme Court Seeks Centre’s Views On Creation Of Additional Courts For Cheque Dishonour Case LIVELAW NEWS NETWORK25 Feb 2021 1:30 AMShare This – xThe Supreme Court on Thursday sought the views of the Central Government on the creation of additional courts for the trial of cheque dishonour cases under Section 138 of the Negotiable Instruments Act, 1881.A bench comprising Chief Justice of India S A Bobde, Justices L Nageswara Rao and S Ravindra Bhat asked the Additional Solicitor General Vikramjit Banerjee if the Union of India was…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Supreme Court on Thursday sought the views of the Central Government on the creation of additional courts for the trial of cheque dishonour cases under Section 138 of the Negotiable Instruments Act, 1881.A bench comprising Chief Justice of India S A Bobde, Justices L Nageswara Rao and S Ravindra Bhat asked the Additional Solicitor General Vikramjit Banerjee if the Union of India was willing to create additional courts for Section 138 NI Act cases, using powers under Article 247 of the Constitution.Article 247 of the Constitution speaks of the power of the Parliament to provide for the establishment of certain additional courts in respect of matters under the Union List.Article 247 reads as follows :”Notwithstanding anything in this Chapter, Parliament may by law provide for the establishment of any additional courts for the better administration of laws made by Parliament or of any existing laws with respect to a matter enumerated in the Union List”The bench also sought to know if the power under Article 247 is coupled with a duty. The bench said that there are observations in some judgments that the legislature is duty-bound to conduct a “judicial impact assessment” before creating a new offence.  Since the offence relating to cheque dishonour was created by a Union legislation, the bench sought to know if Union has an obligation to establish additional courts to deal with cases arising out of Section 138.ASG Banerjee submitted that he will file a response to the bench’s query.The bench also observed that even if additional courts are created, there was still a need to streamline the trial procedure.The bench was considering the suo moto case taken by it to lay down guidelines for expediting trial of Section 138 NI Act cases (In Re Expeditious Trial of Cases Under Section 138 of the N.I Act).Senior Advocate Sidharth Luthra, an amicus curiae appointed in the case, informed the bench about the suggestions made in the preliminary report prepared by him along with other amicus in the case Senior Advocate R Basant and Advocate K Parameshwar.The suggestions were summarized as follows :1. E-service of summons Luthra submitted that summons in private complaints are the last to be served. Many cheque bounce cases are stuck due to delay in service of summons. “There is a suggestion for a nodal agency for electronic service of summons. Nowadays everything is linked with Aadhaar. There is no reason why electronic service of summons should not be done”, Luthra submitted.2. Attachment of bank accountsIf the person against whom a warrant has been issued has absconded or has concealed himself such that the warrant cannot be executed, Magistrates could order attachment of the bank accounts of the Accused to the extent of the cheque amount by passing an order under Section 83, CrPC.3. Summary trialLuthra next submitted that there is lack of clarity as to whether the trial in Section 138 cases are to be done following the summary trial procedure or summons trial procedure.He pointed out that the provisions of the NI Act  Sections 143 and 145, envisage a summary trial. The Supreme Court also directed in the 2017 decision “Meters and Instruments Pvt Ltd v Kanchan Gupta’ that summary trial procedure must be adopted in cheque cases. However, practice directions by High Courts are necessary.4. Mandatory mediationMediation must be encouraged at every stage, right from post-cognizance stage.Cases pending at appellate or revisional stage must be send for mandatory mediation at least once.”If it can be resolved(through mediation), why not?”, Luthra said.5. Resolve the judicial confusion on Section 202 CrPCLuthra next spoke about the urgent need to settle the judicial confusion regarding the applicability of Section 202 of Cr. PC to cheque bounce cases. The Section mandates that the Magistrate shall postpone the issue of process against the Accused, if the Accused is residing in a place beyond its territorial jurisdiction, until an enquiry is made for the purpose of deciding whether there are sufficient grounds for proceeding.The SC in K S Joseph v. Philips Carbon Black, left this question open to be decided in an appropriate case. He submitted that trial in many cases numerous across the country are stayed on account of this confusion.6. Joint trial of multiple cheque bounces relating to same loan transactionLuthra submitted that Section 219 of the CrPC allows the joining of only three cases against an accused arising within one year. However, Section 220 CrPC allows the joint trial of offences arising out of the same transaction. The bench had an engaging discussion with Luthra on the provisions of Sections 218, 219 and 220 of the Code of Criminal Procedure. Luthra said that a “wholesome interpretation” of these provisions is necessary to provide for joint trial of multiple cheque cases.The bench then sought a written note from Luthra on this aspect and adjourned further hearing till March 3.It was on March 7 this year that the top court registered the suo moto case to devise methods for expeditious trial of Section 138 NI Act cases.”A matter which is supposed to be disposed of summarily by the trial court in six months, it took seven years for this case to be disposed of at the trial court level. A dispute of such nature has remained pending for 15 years in various courts, taking judicial time and space up till this Court”, the SC had observed then.In October last year, the amici curiae submitted the preliminary report. After that, the bench had sought the responses of all High Courts and State Governments to the preliminary report.The preliminary report submitted by amici curiae may be read here.Pre And Post-Summons Online Mediation, Summons Via SMS/WhatsApp, Disclosure Of Defence Before Trial [Read Amici Reports On Fast Disposal Of Cheque Cases   Next Storylast_img read more

Rush to purchase buy-to-lets before SDLT surcharge

first_imgHome » News » Housing Market » Rush to purchase buy-to-lets before SDLT surcharge Rush to purchase buy-to-lets before SDLT surcharge31st March 20160495 Views Estate agents report that there has been a significant increase in the number of buy-to-let investors attempting to push sales through before this Friday’s stamp duty deadline.Landlord investors are naturally keen to beat the 1st April deadline, after which they will pay an additional 3 per cent above existing stamp duty rates on buying a buy-to-let property.Some 85 per cent of estate agents reported an increase in the number of buy-to-let investors looking beat the stamp duty changes on second homes in February as demand for housing hit a 12-year high, with an average 463 house hunters registered per member branch, according to the NAEA.Mark Hayward, Managing Director of the NAEA, commented, “It is evident from February’s report findings that we’ve seen a real sense of urgency from landlords trying to complete on sales ahead of the stamp duty reforms. However, the mounting pressure and increased demand for housing has meant that first time buyers have had to compete with landlords for property and as a result they have lost out.”Many housing market analysts expect the new buy-to-let tax measures to dampen demand for buy-to-let investments in the near term, while there is every chance that some landlords will opt to sell up ahead of the changes being introduced.But if there are fewer buy-to-let properties available as a result of the tax changes, as well as concerns over Brexit and global economic uncertainty, thereby creating a squeeze on the market, there is every chance that this could result in higher rental rates as landlords seek to compensate for increased costs.“If investors and landlords are put off purchasing new buy-to-let properties, this can affect the supply of properties in the rental market which is likely to push rents up,” said Wayne Treveil, CEO of Tenants Plus.Research by the Centre for Economics and Business Research found that rents are set to rise by 28 per cent over the next 10 years on the back of greater demand. By 2026 some 7.2million households in England and Wales are estimated to be privately rented; this is around two thirds more than now.“Given the continued imbalance of demand and supply in residential housing, and the growing population in the UK the rentals market will continue to offer relatively strong returns to investors,” said Marcus Whewell (right), CEO of The Guild of Professional Estate Agents.landlord investors stamp duty deadline buy-to-let investors SDLT surcharge 2016-03-31The Negotiator Related articles City dwellers most satisfied with where they live30th April 2021 First-time buyers, not Stamp Duty, now driving market says leading agency29th April 2021 Lettings market booms as millions seek new homes after lockdown29th April 2021What’s your opinion? Cancel replyYou must be logged in to post a comment.Please note: This is a site for professional discussion. Comments will carry your full name and company.This site uses Akismet to reduce spam. Learn how your comment data is processed.last_img read more

Short-term rentals: how to make it work

first_img Acquire the right ratio between price and occupancy rate. A property with a $60 nightly rate and 100 per cent occupancy over 30 days will have a monthly return of $1800. However a property with a $100 nightly rate at 70 per cent occupancy will have a return of $2100. Raise prices for special calendar events. Set a higher price and a five-night minimum stay over public holiday weekends to make sure the property is booked over the entire period. MORE REAL ESTATE STORIES Holiday night bookings are relying more heavily on short-term accommodation options. Multimillion-dollar home reno Grand estates to make your drool Inner city and South Brisbane properties are perfectly positioned to capitalise on the short-term rental market.On the Gold Coast, properties in Surfers Paradise and Broadbeach are the highest performing suburbs, also with a 70 per cent occupancy rate.center_img The Brisbane City Council city plan fact sheet recognises the short-term rental of a family home, unit or investment property as a valuable source of additional income and has a hotline (133 263) for anyone seeking further information on the regulations and licences needed for a proposed business.The Queensland Government is working on a code of conduct to govern the behaviour of hosts and guests and also to introduce a system of data sharing to understand who is renting out their own home, and who is running a short-term accommodation business. Queensland Tourism Industry Development Minister Kate Jones said huge growth in the short-term accommodation presented great opportunities in the tourism industry.“But it’s also important to preserve our standard of living here in Queensland,” she saidMore from newsParks and wildlife the new lust-haves post coronavirus11 hours agoNoosa’s best beachfront penthouse is about to hit the market11 hours agoShort-term rental property management specialists, MadeComfy, said Queensland was perfectly positioned to take advantage of the sector.Investment properties in the Brisbane suburbs of the CBD, South Brisbane, Fortitude Valley, Milton, and New Farm can achieve a 70 per cent occupancy rate. Raise nightly rates and wait for last minute bookings. Set your prices higher than the average in the suburb. The goal is to catch last minute bookings in the week before check-in from guests who have few other options. Tourism hot spots like the Gold Coast have high occupancy rates.“Despite the high competition, property owners in these areas have a great opportunity to maximise rental income if the property stands out from the crowd and uses the best pricing strategy to attract guests,” pricing manager for MadeComfy, Gina Zhang, said.She has three top tips on how to maximise returns on a short-stay property: Short-term rental options are becoming more appealing to Queensland property investors.LOCAL and state governments acknowledge the value of Queensland’s short-term accommodation sector as a source of additional income and a growing part of the state’s tourism industry.But they also understand the challenges body corporates and some communities face when investment properties are turned into short-term stays with increased noise and security concerns among common complaints.If you have an investment property you’d like to include in this in this growth sector, here’s what you need to know.Industry research shows the sector, which includes operators such as Airbnb, Stayz.com and Booking.com represents 16 per cent of Australian holiday night bookings annually with host earnings in Australia increasing by 60 per cent to $978 million between 2016 to 2017. FOLLOW US ON FACEBOOKlast_img read more

Tuesday’s Local Sports Results

first_imgSoccerBatesville Boys Varsity blanked Shelbyville 3-0.JV battle to a 0-0 tie.Submitted by Batesville Coach Chris Fox.Batesville Girls winners over Lawrenceburg 1-0.Batesville JV won 2-1.Batesville vs. Lburg (9-10)Submitted by Batesville Coach Kyle Laker.Seymour Girls beat Greensburg 3-0.Greensburg vs. Seymour (9-10)Submitted by Var Vee.Oldenburg Academy Boys victorious against South Ripley 5-1.South Ripley at Oldenburg Academy (9-10)Submitted by Var Vee.Cross CountryEast Central Invitational-Division II.Batesville Boys and Girls Team Champs.East Central CC Invite-Boys (9-10)East Central CC Invite-Girls (9-10)Submitted by Batesville Coaches Tom Barnett and Lisa Gausman.Jac-Cen-Del Middle School Girls were victorious against Switzerland County.SC Middle School Boys won.JCD vs. SC CC (9-10)Submitted by JCD Coach Steve Narwold.VolleyballOldenburg Academy won against Triton Central 25-22, 25-10, 19-25, 25-14.Oldenburg Academy at Triton Central VB (9-10)Submitted by Var Vee.Milan 8th Grade Volleyball Team defeated Rising Sun 25-23, 25-15.Milan 7th won in 3 games.Submitted by Milan AD John Prifogle.The St. Louis 7th grade Volleyball team lost in 2 games to South Dearborn 16-25, & 20-25. Though they lost, the 7th grade played aggressively during both games. Top servers for the night were Lydia Gigrich with 5 points, & Phoebe Kroen & Samantha Sheets with 3 each.The STL 8th grade team was victorious over the Squires in 2 games 25-19 & 25-24. The Lady Cardinals played tough to pull off a win. Top servers for the night were Jenna Ertel with 9 points & Audrey Amberger with 7.Submitted by St. Louis Coach Jill Reidy.North Decatur 7th won against Batesville 25-16, 25-24.Batesville 8th won 14-25, 25-23, 15-12.Submitted by the Batesville Coaches.SwimmingSunman Dearborn Boys and Girls defeated Richmond.The boys score was 136-5.  The girls score was 134-25.Alexis deLong broke the school record in the 200 Individual Medley while leading The SDMS Aqua Trojans to victory.SDMS vs. Richmond (9-10)Submitted by SDMS Coach Brandon Loveless.TennisMilan Varsity defeated Oldenburg Academy 5-0.Milan’s JV also won 3-0.Milan vs. OA Tennis (9-10)Submitted by Milan Coach Zach Wade.last_img read more

PGA Championship golf scores, results, highlights from Saturday’s Round 3 leaderboard

first_imgMORE: Everything to know about the PGA ChampionshipThere were a few storylines to monitor as Round 3 progressed Saturday, including whether two-time defending champion Brooks Koepka’s hip — which required attention from a trainer multiple times on Friday — would continue to be problematic for him. Observers were curious to see whether Li’s performance would change after he spent several hours practicing after his second round. The answers to those questions: No, and yes.Tiger Woods was another golfer to watch; he suffered from an abysmal short game on Friday, which kept him close to the cut line. He’s an even longer shot now to win his fifth PGA Championship and earn a record 83rd PGA Tour victory after another round above par.Sporting News tracked live scoring updates and highlights from the 2020 PGA Championship leaders. Follow below for complete results from Saturday’s Round 3 (all times Eastern):PGA Championship leaderboard 2020LeaderboardPGA Championship — Round 0Winner: Click here or refresh the page if you don’t see scores and results above.PGA Championship updates, highlights from Round 310 p.m.: Li went from leading by two at the start of his round to trailing by four after the end of it. A 38 on the back nine and low scores by his purusers were the culprits. He’ll have a about an hour on the range and practice green Saturday night to work on his game.9:30 p.m: Koepka will need to go really low Sunday to three-peat. Consecutive bogeys on 13, 14 and 15 have put him three behind the leader as he plays the 18th. (UPDATE: He birdied 18 to end his third round at 7 under for the tournament, two behind Johnson.)9:15 p.m.: Dustin Johnson is the new clubhouse leader at 9 under. He stormed to the top with a 5-under 65.Dustin Johnson with his EIGHTH birdie of the day.He now sits atop the leaderboard at the PGA Championship. pic.twitter.com/gOA0ucu1Gu— GOLFonCBS (@GOLFonCBS) August 9, 20208:45 p.m.: Li (-9) is back on top, but now he’s joined by Cameron Champ. If you’re not familiar with Champ, here’s a quick look at his swing:Breaking down Cameron Champ’s drive💪#PGAChamp pic.twitter.com/N9Vbpn9GR8— PGA Championship (@PGAChampionship) August 9, 20208:20 p.m.: Scottie Scheffler moves into the lead with a birdie at 17, his third in a row. He’s at 9 under, one ahead of Li, Koepka and Dustin Johnson.NEW LEADERScottie Scheffler grabs the lead at -9 with his third straight birdie. pic.twitter.com/xvouwRYZ3b— GOLFonCBS (@GOLFonCBS) August 9, 20208:20 p.m.: DeChambeau closes with a flourish, draining this long-distance putt at 18 to put him at 6 under.From 95 feet …What a way to finish the round, @B_DeChambeau. pic.twitter.com/glnwS04Ra8— PGA TOUR (@PGATOUR) August 9, 20208 p.m.: The top of the leaderboard remains crowded as the final pairing makes the turn. Li (8 under) is back in the lead, but he misses a birdie putt on 9, so he’s up by just one over Collin Morikawa (65), Paul Casey, Brooks Koepka and Daniel Berger.7:25 p.m.: Li gives up the lead with a bogey on 5.7:20 p.m.: DeChambeau is just two behind the leaders, and he’s rolling in long putts:DeChambeau trying to make a move up the leaderboard.Full #PGAChamp Leaderboard👉 https://t.co/QV8fkpw4hG pic.twitter.com/3LMM1ndgPc— PGA Championship (@PGAChampionship) August 8, 20206:55 p.m.: Four holes, four pars for Li, who still leads by one.6:35 p.m.: Koepka, balky hip and all, makes it a five-way tie for second (7 under) with a birdie at 4.6:30 p.m.: Li putts for birdie on each of his first two holes but leaves both attempts well short. He saves par both times. 6:15 p.m.: Scottie Sheffler holes out from the bunker and moves into a tie for second. (UPDATE: He shot a 31 on the front nine with five birdies.)Can’t do it any better than this.Scottie Scheffler holes out to move to -7, just one shot back. pic.twitter.com/0JAmKUZuCr— GOLFonCBS (@GOLFonCBS) August 8, 20206 p.m.: Li, after hours on the driving range and practice green, is back on the course to begin his third round as the leader.Haotong Li is DIALED IN and his round hasn’t even started yet.#PGAChamp pic.twitter.com/DvXP17jvV6— PGA Championship (@PGAChampionship) August 8, 20204:56 p.m.: Not Tiger’s best round, but that is an absurd level of consistency.Tiger Woods has made at least one birdie in every round of his career at the PGA Championship.Now 75 rounds and counting … pic.twitter.com/gcDZngNurd— PGA TOUR (@PGATOUR) August 8, 20203:30 p.m.: This close to a hole in one: What a bounce for @WebbSimpson1. 😲pic.twitter.com/RnFltmJ8FF— PGA TOUR (@PGATOUR) August 8, 20202:10 p.m.: Phil making eagles like it’s no big deal.Phil being Phil🦅#PGAChamp pic.twitter.com/nswF3SGzhx— PGA Championship (@PGAChampionship) August 8, 20201:53 p.m.: A reminder of just how dedicated Haotong Li is.The leader in the [email protected]_li is grinding on the putting green nearly four hours after his round.pic.twitter.com/m3vIeZLTKT— PGA TOUR (@PGATOUR) August 7, 20201:06 p.m.: Justin Thomas is on the prowl.Racking up birdies. 🐦@JustinThomas34 is 4-under through 6 holes. pic.twitter.com/IV7CkE9m2t— PGA TOUR (@PGATOUR) August 8, 2020 We’re three rounds through the 2020 PGA Championship, and the winner is still far from certain. A large number of golfers can make a strong challenge for the Wanamaker Trophy.Dustin Johnson leads the group after a roller-coaster 5-under-par 65 Saturday that featured eight birdies at TPC Harding Park in San Francisco. Haotong Li, whose out-of-nowhere performance in Round 2 (5-under 65) pushed him to the top of the leaderboard, tumbled off his perch with a 3-over 73. A dozen golfers are separated by three strokes after 54 holes, meaning there will be an intense race to the finish Sunday.last_img read more

Messi on the bench as record-breaker Ansu Fati starts for Barcelona

first_imgDortmund, Germany | AFP |  Teenage star Ansu Fati became Barcelona’s youngest ever Champions League debutant after being named in the starting line-up for the Catalan giants’ campaign opener away to Borussia Dortmund on Tuesday.The 16-year-old, who became the club’s youngest ever scorer with his maiden strike against Osasuna last month, gets the nod ahead of Lionel Messi, who returns to the squad after several weeks out injured.At 16 years and 322 days, Fati is around two months younger than the previous record holder Bojan Krkic was when he made his Champions League debut in 2007.Should he score against Dortmund, the Guinea-Bissau talent would become the youngest player ever to score in the competition, overhauling a 22-year-old record held by former Olympiakos player Peter Ofori-Quaye.Messi, who has missed the beginning of the season with a calf injury, will start on the bench against Dortmund. Share on: WhatsApp Coach Ernesto Valverde said Monday that he would decide spontaneously whether or not to let Messi play.“He has trained two or three times and made a good impression. We will see,” said Valverde.Tuesday’s game marks the beginning of a gruelling Group F campaign for Barcelona and Dortmund, as they look to qualify ahead of Inter Milan and Slavia Prague.last_img read more