Admissibility of electronic evidence bars undervaluation demands where printouts, retracted statements and no cross-examination leave the case unprove...
Limitation in oppression and mismanagement proceedings: prior knowledge of removal and dilution barred the challenge, with valuation directions upheld...
In cheque dishonour proceedings, once issuance of the cheque and the signature are admitted or proved, a reverse onus arises and the law presumes that the cheque was issued towards a legally enforceable debt or liability; the accused must rebut that presumption by a probable defence supported by cogent material, and a bare denial or vague explanation is insufficient. Dishonour on stop-payment instructions can still attract penal consequences where the cheque was presented within validity, returned unpaid, notice was issued in time, and payment was not made. On that basis, the acquittal was set aside and the complaint cases were remanded for fresh adjudication.
In cheque dishonour proceedings, once issuance of the cheque and the signature are admitted or proved, a reverse onus arises and the law presumes that the cheque was issued towards a legally enforceable debt or liability; the accused must rebut that presumption by a probable defence supported by cogent material, and a bare denial or vague explanation is insufficient. Dishonour on stop-payment instructions can still attract penal consequences where the cheque was presented within validity, returned unpaid, notice was issued in time, and payment was not made. On that basis, the acquittal was set aside and the complaint cases were remanded for fresh adjudication.
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