Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Section 138 applies only to the drawer of the dishonoured cheque, meaning the person who drew and signed it on the relevant account. A joint account holder cannot be prosecuted unless also a signatory, and vicarious liability under Section 141 is confined to companies and similar entities, not private individuals. On that basis, where the cheques were signed only by the co-accused and no specific role was attributed to the applicant beyond joint and several liability, no prima facie case was made out. The complaint and summoning order were quashed only against the applicant; proceedings against the signatory continued.
Section 138 applies only to the drawer of the dishonoured cheque, meaning the person who drew and signed it on the relevant account. A joint account holder cannot be prosecuted unless also a signatory, and vicarious liability under Section 141 is confined to companies and similar entities, not private individuals. On that basis, where the cheques were signed only by the co-accused and no specific role was attributed to the applicant beyond joint and several liability, no prima facie case was made out. The complaint and summoning order were quashed only against the applicant; proceedings against the signatory continued.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4798
Join Channel
TaxTMI 
