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Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Capital-goods exemption covers plant-modernisation accessories, while the import restriction applies only to earlier capital-goods components and spar...
Constitutional judicial review permits challenges to ECIRs and connected money-laundering proceedings where coercive action affects fundamental intere...
Criminal prosecution for cheating and use of forged documents arising from a bank loan transaction was quashed because the dispute had a predominantly civil and commercial character. The loan account had been fully settled under a compromise approved by the Bank, placed before and acted upon by the Debts Recovery Tribunal, and followed by a no dues certificate and withdrawal of recovery proceedings. The later complaint was treated as an afterthought, and the Court held that continuation of the prosecution would be oppressive, yield a remote and bleak prospect of conviction, and amount to an abuse of process. The chargesheet and order framing charges were quashed.
Criminal prosecution for cheating and use of forged documents arising from a bank loan transaction was quashed because the dispute had a predominantly civil and commercial character. The loan account had been fully settled under a compromise approved by the Bank, placed before and acted upon by the Debts Recovery Tribunal, and followed by a no dues certificate and withdrawal of recovery proceedings. The later complaint was treated as an afterthought, and the Court held that continuation of the prosecution would be oppressive, yield a remote and bleak prospect of conviction, and amount to an abuse of process. The chargesheet and order framing charges were quashed.
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