Hind Advocates is a group of lawyers operating in High Court of Punjab & Haryana at Chandigarh. It provides Corporate legal advices and handles client cases in all subjects such as civil and criminal, arbitration, services and labour laws.

Can Magistrate of First Class under section 138 of the Negotiable Instrument Act impose twice the amount of cheque by way of fine with or without imprisonment in a cheque bouncing case ?

Reply is yes. It is evident from the reading of  Sub-Section (3) of section 357 of the Code, that where the sentence imposed does not include a fine, that is, where the sentence relates to only imprisonment, the court, when passing judgment, can direct the accused to pay, by way of compensation, such amount as…

Whether an arbitrator can be appointed by the Chief Executive Officer of the Statutoy Board who was competent to appoint an arbitrator as per the terms of the contract even after expiry of 30 days notice to him for the appointment of an arbitrator, as per law ?

Yes, an arbitrator can be appointed by the Chief Executive Officer of Statutory Board even after the expiry of period of 30 days notice to him by the opposite party provided the opposite party has not invoked the jurisdiction of the Hon’ble High Court of the concerned place having jurisdiction over the matter, in the…

I am living separately from my wife at Ambala and am also having divorce proceedings with my wife. My son aged 6 years is in the custody of my wife who lives in Sonepat. She is neither allowing me to meet my son or nor she is allowing me to talk to him. What are my legal rights?

You can file a case against her for custody of your child. In a recent judgment, the Hon’ble Supreme Court of India has settled the  law that the Parent who is denied custody of the child should have the right to talk to his/her child for 5 to 10 minutes everyday. A child, especially a…

I had filed a complaint of cheque bouncing in the court of Judicial Magistrate 1st Class (JMIC) at Amritsar. The amount of cheque is ₹ 5 Lacs. I have been informed by my counsel that due to delay in filing the complaint, my case has been dismissed. What is the remedy now left out to me, please advice?

If the complaint filed by your counsel indicated adequate and sufficient reasons for not being able to institute the complaint within the stipulated period, the impugned order of dismissal of complaint can be set aside. The reasons for delay in filing the complaint beyond the period stipulated in the Negotiable Instrument Act has to be…