Legal Reference Library

In RITVI VIRAT SHAH Versus STATE OF GUJARAT, the Hon'ble Gujarat High Court held that "under Section 138 of the Act, it is only the drawer of the cheque who can be prosecuted. In the case on hand, admittedly, the appellant is not a drawer of the cheque and she has not signed the same. A copy of the cheque was brought to our notice, though it contains name of the appellant and her husband, the fact remains that her husband alone put his signature. In addition to the same, a bare reading of the complaint as also the affidavit of examination-in-chief of the complainant and a bare look at the cheque would show that the appellant has not signed the cheque. 23. We also hold that under Section 138 of the N.I. Act, in case of issuance of cheque from joint accounts, a joint account holder cannot be prosecuted unless the cheque has been signed by each and every person who is a joint account holder. The said principle is an exception to Section 141 of the N.I. Act which would have no a...

  In the context of a right of direct action by an injured party (Spain and France) against a D&I insurer,  in  The London Steamship Owners' Mutual Insurance Association Ltd v The Kingdom of Spain & anr  [2015] EWCA Civ 333, 1 April 2015, Spain and France were held bound by an arbitration agreement contained in an insurance policy which they never signed. The case is an illustration of the circumstances in which state immunity will be waived and defines who is a "party" to an arbitration agreement contained in an insurance policy. It is also a reminder of the very limited category of disputes that will be inarbitrable under English law. The  Prestige  sank off the west coast of Spain in 2002. It was carrying 70,000 tonnes of fuel oil which polluted the Atlantic coastline of Spain and France. The Spanish and French authorities commenced criminal court proceedings against the ship's officers, its owners and the owners' protection and indemnit...