Invoice-based recovery claims remain time-barred despite separate winding-up proceedings, absent valid acknowledgment or part-payment of the disputed ...
Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
Vicarious liability for dishonoured company cheques may extend to non-signatory directors where complaints contain foundational responsibility avermen...
A cheque issued as security in a loan transaction can still attract liability on dishonour if it is presented on default and a legally enforceable debt subsists. The note explains that the presumptions under the Negotiable Instruments Act are rebuttable, but the drawer must raise a probable defence, which may be based on the complainant's own material; absent such defence, the presumption of liability under Section 139 remains intact. It also states that revisional jurisdiction is limited and cannot be used as a second appeal for re-appreciation of evidence. On the facts discussed, the accused admitted the loan, failed to probabilise the security-cheque plea, and no perversity or miscarriage of justice was shown.
A cheque issued as security in a loan transaction can still attract liability on dishonour if it is presented on default and a legally enforceable debt subsists. The note explains that the presumptions under the Negotiable Instruments Act are rebuttable, but the drawer must raise a probable defence, which may be based on the complainant's own material; absent such defence, the presumption of liability under Section 139 remains intact. It also states that revisional jurisdiction is limited and cannot be used as a second appeal for re-appreciation of evidence. On the facts discussed, the accused admitted the loan, failed to probabilise the security-cheque plea, and no perversity or miscarriage of justice was shown.
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