SC ruling makes Bounced cheques prosecution easier

Submitted by asandil on 4/22/2014

Even The Apex Court of the country from time to time has been overruling its previous judgements with a view to provide quick relief to the sufferers. In such type of a case, the holders of bounced cheques have been given a never-before relief under the provisions of the Negotiable Instruments Act.

Such a practice is, no doubt embraced all the more frequently by the Supreme Court, which being the most noteworthy court of law is viewed as the embodiment for all lawful issues. The act of turning around a decision is viewed as proper and essential just in the wake of embracing an elemental approach towards the law induced by a consistent change in the business motion and impacted by outside variables.

To cite a recent example of such practise, reference shall be made to the case of Bhatia International Vs Bulk Trading SA1 (Bhatia International), the decision of the Supreme Court by virtue of which it was held that Part I of the Indian Arbitration and Conciliation Act (Arbitration Act), dealing with the power of a court to grant interim relief, could be applied to arbitration disputes with a foreign seat unless the parties specifically opted out of such an arrangement, was overruled by a subsequent decision of the court in Bharat Aluminium Co Vs Kaiser Aluminium Technical Services Inc2.

In this landmark judgment, a constitutional bench of the Supreme Court held that Part I of the Arbitration Act will have no effect on international commercial arbitration held outside India unless it has been agreed that such awards shall be enforceable in India in accordance with the provisions contained in Part II of the Arbitration Act. Thus, in case of an international commercial arbitration, no application for interim relief will be maintainable as the application of Part I of the Arbitration Act is limited only to arbitrations taking place within India.

Such conflict should be debilitated sometimes while delivering justice on significant matters of law. In addition, in a nation where high dependence is put on legal points of reference both by the residents and additionally the courts, distinction in the sentiment will preferentially influence the privileges of the folks straightforwardly, along these lines, remarkably acting to the burden of the general public and bringing on a huge decrease in the confidence held by the natives on our legal framework.

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