Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Vicarious criminal liability of directors under Section 141 of the Negotiable Instruments Act requires strict compliance with the statutory conditions: the complaint must specifically aver how a director was in charge of and responsible for the company's business. General statements that directors managed day-to-day affairs are insufficient, and the complaint must also disclose who signed the dishonoured cheque. As the petition contained only general allegations and no specific role, participation, or cheque-signatory details, the court held that continuation of the proceeding against the petitioner would be an abuse of process and quashed it.
Vicarious criminal liability of directors under Section 141 of the Negotiable Instruments Act requires strict compliance with the statutory conditions: the complaint must specifically aver how a director was in charge of and responsible for the company's business. General statements that directors managed day-to-day affairs are insufficient, and the complaint must also disclose who signed the dishonoured cheque. As the petition contained only general allegations and no specific role, participation, or cheque-signatory details, the court held that continuation of the proceeding against the petitioner would be an abuse of process and quashed it.
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