In CIVIL APPEAL NO. 4563 OF 2019, THE STATE OF JAMMU AND KASHMIR AND ORS. vs FARID AHMAD TAK, the Supreme Court referring to judgment in Supreme Court Employees' Welfare Association vs. Union of India in which it was observed that, when no reason is given, but a Special Leave Petition is dismissed simpliciter, it cannot be said that there has been a declaration of law by the Supreme Court under Article 141 of the Constitution. In Yogendra Narayan Chowdhury vs Union Of India, it was held that even the dismissal of Special Leave Petition in limine without assigning reasons does not operate as res judicata.
In OP(Crl.).No.348 OF 2019, T.K.SAJEEVAN vs FRANCIS T.CHACKO, the appeal was filed against the order of the lower court to deposit 25% of the fine before filling of appeal. The appellant argued that the deposit introduced through the Section 148 of the NI Act after amendment was directory in nature as it used the term 'may' while mentioning the issue of deposit. The Kerala High Court however disagreeing held that in view of the object of the Legislature while incorporating Section 148 into N.I. Act, the word 'may' will have to be read as 'shall'. The imposition of payment contemplated under Section 148 N.I. Act cannot be restricted to some prosecutions and evaded in other prosecutions. Since the amount directed to be deposited being compensation, undoubtedly, it is liable to be ordered to be deposited irrespective of the nature of the prosecution. Therefore, the word 'may' can only be taken to have the colour and meaning of 'shall' and there
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