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...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
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In cheque dishonour matters, where a statutory demand notice is returned refused or unclaimed, limitation for a complaint runs from deemed service, meaning the date the complainant receives the returned cover or is informed by postal authorities, not the earlier postal endorsement. The text also reiterates that proof of the transaction and execution of the cheque attracts statutory presumptions as to liability, which can sustain conviction if not rebutted. Applying these principles, the limitation-based acquittal was set aside, the conviction was restored, and the sentence was modified to nominal imprisonment with fine, the substantial amount directed as compensation to the complainant.
In cheque dishonour matters, where a statutory demand notice is returned refused or unclaimed, limitation for a complaint runs from deemed service, meaning the date the complainant receives the returned cover or is informed by postal authorities, not the earlier postal endorsement. The text also reiterates that proof of the transaction and execution of the cheque attracts statutory presumptions as to liability, which can sustain conviction if not rebutted. Applying these principles, the limitation-based acquittal was set aside, the conviction was restored, and the sentence was modified to nominal imprisonment with fine, the substantial amount directed as compensation to the complainant.
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