TaxTMI 
TaxTMI 
2022 (5) TMI 978
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....ukerji, Adv. Mr. Nikhil Parikshith, Adv. Mr. Vishal Prasad, Adv. Mr. Abhishek Manchanda, Adv. Mr. Sayandeep Pahari, Adv. Mr. Tanmay Sinha, Adv. M/s.. Plr Chambers And Co., AOR Ms. Manisha Ambwani, AOR Mr. Sibo Sankar Mishra, AOR Mr. Rajesh Kumar Nayak, Adv. Mr. Niranjan Sahu, Adv. Mr. Umakant Mishra, Adv. Mr. Hitesh K. Sharma, Adv. Mr. S.K. Rajora, Adv. Mr. Akhileshwar Jha, Adv. Mr. S. Ashok Reddy, Adv. Mr. Naresh K. Sharma, AOR Mr. Thomas P. Joseph, Sr. Adv. Mr. V. K. Biju, AOR Ms. Ria Sachthey, Adv. Mr. Chetanya Singh, Adv. Ms. Rubina Jawed, Adv. Mr. Ranjeet Bharti, Adv. Mr. Abhay Pratap Singh, Adv. Mr. Shaji George, Adv. Ms. Vijay Lakshmi, Adv. Mr. Umang Tripathi, Adv. Mr. Shibashish Misra, AOR Mr. Shubhranshu Padhi, AOR Mr. Ashish Yadav, Adv. Mr. Rakshit Jain, Adv. Mr. Vishal Banshal, Adv. Mr. Apoorv Kurup, AOR Ms. Nidhi Mittal, Adv. Ms. Aparna Arun, Adv. Ojaswa Pathak, Adv. Mr. Gaurav Agrawal, AOR Ms. Radhika Gautam, AOR Ms. G. Indira, AOR Mr. Raj Bahadur Yadav, AOR Mr. Abhimanyu Tewari, AOR Ms. Eliza Bar, Adv. Ms. K. Enatoli Sema, AOR Mr. Amit Kumar Singh, Adv. Ms. Chubalemla Chang, Adv. Mr. M. Yogesh Kanna, AOR Mr. Neeraj, AAG Mr. Piyush Beriwal Adv. Mr. Ankit Raj Adv.....
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.... Ms. Tanya Chaudhary, Adv. Ms. Pratyusha Priyadarshini, Adv. Ms. Nitika Pandey, Adv. M/s. Parekh & Co., AOR Applicant-in-person, AOR Mr. Romy Chacko, AOR Mr. Sudesh Kumar, Adv. Mr. Prashant Shrikant Kenjale, AOR Mr. Satish Pandey, AOR Mr. Akbar Ali, Adv. Mr. Manmohan Sharma, Adv. Mr. Harendra Kumar Sharma, Adv. Mr. Kunal Chatterji, AOR Ms. Maitrayee Banerjee, Adv. Mr. Rohit Bansal, Adv. Mr. Shree Pal Singh, AOR Mr. Sharan Thakur, Adv. Mr. Mahesh Thakur, AOR Mr. Siddharth Thakur, Adv. Mr. Bishwendra Singh, Adv. Ms. Vipasha Singh, Adv. Mr. Ajay Kanojia, Adv. Mr. Sanjai Kumar Pathak, AOR Mr. Arvind Kumar Tripathi, Adv. Ms. Shashi Pathak, Adv. Mr. Malak Manish Bhatt, AOR Mr. Himanshu Shekhar, AOR Mr. Parth Shekhar, Adv. Mr. Sameer Parekh, AOR Mr. Nishe Rajen Shonker, AOR Ms. Anu K. Joy, Adv. Mr. Alim Anvar, Adv. ORDER S. RAVINDRA BHAT, J. 1. By a judgment of the Constitution Bench of this Court in Re: Expeditious Trial of Cases under Section 138 of N.I. Act, 1881 (2021) SCCOnline SC 325 various directions were issued with respect to the conduct of trials of complaints under Section 138 of the Negotiable Instruments Act. 2. This court by its subsequent order dated 31.03.2021 had re....
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....s. 6. The report of the Expert Committee disclosed that as on 08.11.2021, 26,07,166 complaints were pending at various stages before the Courts seized of trial of offences under the NI Act. As on 13.04.2022, this pendency has increased to 33,44,290. This is an increase in pendency of 7,37,124 cases in a period of just over 5 months. As per the data available on 08.11.2021, NI Act cases contribute to 8.81% of the total criminal cases pending in the courts. Further, 11.82% of the total criminal cases that are stagnating due to appearance/service related issues are NI Act cases. 7. The amici curiae suggest a pilot study to test the scheme of employing retired judicial officers and retired court staff to operationalise the Special Courts under the NI Act. It was suggested that this scheme could be tested on a pilot basis in 5 judicial districts with the highest pendency in the 5 states with the highest pendency (namely, Maharashtra, Rajasthan, Gujarat, Delhi and Uttar Pradesh) and the viability of utilising services of retired judicial officers can be examined based on the results of the pilot study. 8. This High Court has by its order dated 27.04.2022 directed the High Courts in th....
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....ing: The identified judicial officers, who are to preside over the Special Courts, be imparted specialised training. A four-week training programme by the State Judicial Academies on topics of substantive, procedure and evidence law related to the offences under the NI Act shall be conducted for them. Further, a detailed ready reckoner with governing case law and practice directions may be prepared and circulated to assist them in the adjudicatory exercise. * Pay and Service duration: The High Court concerned should ensure that the presiding officers and court staff for operationalising the Special Courts can be hired on contractual basis for one year for the duration of the pilot study. It is further proposed that they be paid a fixed honorarium in accordance with their standing prior to retirement. * Type of Cases: The Special Courts shall adjudicate upon only those cases in which summons have been duly served and the accused has entered appearance through a lawyer or in person. The oldest pending cases in which service of summons is complete must be identified in a chronological manner (oldest first). It must be ensured that no case where service of summons is incomplete is ....