Common Law

In limited understand of things, I write… And, I try to put it simple and straight…. 1.      The dishonor of cheque is made a punishable offence by virtue of section 138 of Negotiable Instruments Act, 1881. 2.      The offences are tried under the Criminal Procedure Code of 1973. 3.      Section 179 of said Code reads as – Offence triable where act is done or consequence ensues: When an act is an offence, due to anything, which has been done, and of a consequence, which has ensued, the offence may be inquired into or tried by a court within whose local jurisdiction such thing has been done or such consequence has ensued. 4.      The plain reading of Section 179 of said Code would suggest that the alleged commission of an offence, may be inquired into or tried by a court within whose local jurisdiction the consequence has ensued. 5.    ...

Respected, Time and again it is seen that Public Authorities plea paucity of funds as reason for their inability to fulfill their constitutional and statutory duties. Putting rest to this controversy in totality, in a landmark judgment given by Hon.SC in Municipality of Ratlam V Vardichand(1980) The Hon. Court, thru Justice Krishna Iyer, Categorically rejected the contentions of Municipality, the plea of Paucity of funds as defense, for its failure in the due discharge of public duties. The Court Said,"Statutes operates against Statutory bodies and Others regardless of the Cash in their coffers even as human rights under part Three of the Constitution have to be respected by the State regardless of Budgetary provisions. Otherwise a profligate Statutory body or pachydermic Govt. Agency may legally defy duties under the Law by urging in self defense a self created bankruptcy or perverted expenditure budget. That cannot be." May I suggest, Do we make a diamond studd...