Reopening Assessments invalid where satisfaction and jurisdictional approval are absent for third party seized material, leading to quashing of assess...
Benami property exclusion from the insolvency estate: Benami Act proceedings preclude IBC tribunals from reopening attachments or treating such assets...
Exclusion of limitation period: pandemic suspension plus debtor acknowledgement can extend limitation, requiring fresh factfinding on guarantee invoca...
Statutory presumptions under Sections 118 and 139 of the N.I. Act arose once the cheque and signature were proved, and the accused's bare plea of non-issuance, unsupported by expert evidence, witnesses, or credible material, failed to rebut the presumption of a legally enforceable debt on the preponderance of probabilities. The bank return memo also carried the statutory presumption of correctness under Section 146, so the objection that no bank official was examined was rejected. The High Court further held that revisional interference with concurrent findings is confined to patent illegality, perversity, or miscarriage of justice; finding none, it upheld the conviction and dismissed the revision.
Statutory presumptions under Sections 118 and 139 of the N.I. Act arose once the cheque and signature were proved, and the accused's bare plea of non-issuance, unsupported by expert evidence, witnesses, or credible material, failed to rebut the presumption of a legally enforceable debt on the preponderance of probabilities. The bank return memo also carried the statutory presumption of correctness under Section 146, so the objection that no bank official was examined was rejected. The High Court further held that revisional interference with concurrent findings is confined to patent illegality, perversity, or miscarriage of justice; finding none, it upheld the conviction and dismissed the revision.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4828 
Join Channel 
