Limitation period commencement and procedural inquiry rules: identity-based limitation upheld; complaints by authorised public servants need not attra...
Pre-trial bail granted where custodial period, documentary prosecution, and magistrate-triable offence favor release subject to surety and no witness ...
Allowability of Salary Exemptions: Form 16 entries can substantiate HRA and other salary exemptions, and home loan interest is deductible for a self-o...
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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