Navigating Financial & Family Law Disputes

In a Section 138 NI Act case, the credibility of a witness is paramount. If a witness admits during cross-examination that they lack personal knowledge of the transaction, their testimony or affidavit loses significant value, potentially weakening the entire case.

In child custody battles, the child's welfare is the paramount consideration. I discuss an interesting Supreme Court case where both parents were convicted of murder, and the court had to decide the custody of their three children based on this principle.

In property disputes, what happens if a party sells the property while the case is pending? I explain the doctrine of 'lis pendens' and the role of interim stay orders under Order 39 in protecting the rights of all parties involved.

Does a broken promise of marriage always amount to rape? The Supreme Court has clarified the test: it is only considered rape if the man's intention was deceitful from the very beginning, solely to obtain consent for sexual activity.

Do you need a money lending license for a private loan? If you are in the business of lending money at interest, yes. An unlicensed professional money lender cannot file a case under Section 138 NI Act for a bounced cheque.

There are three main types of loans: bank loans, loans from private financiers, and friendly loans. I explain the differences and how the requirement for a money lending license can impact the validity of a cheque bounce case under Section 138 NI Act.

In cheque bounce cases, 'liability' or 'dendaari' is the core issue. This liability can arise from various transactions, such as a loan, sale of goods, advance for services, or a settlement agreement. Understanding the origin of the liability is key to the case.

Many people lose cheque bounce cases despite having a signed cheque. The offense under Section 138 NI Act is highly technical, and there are numerous loopholes that can be used as a defense, even if the accused filled out the cheque themselves.

This video revisits the concept of liability under Section 138 NI Act, focusing on the presumption of liability and how the requirement of a money lending license for professional lenders plays a crucial role in determining if a case is maintainable.