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...
Admission of cheque execution triggers presumptions of consideration and legally enforceable debt under the cheque-dishonour framework. A cash loan exceeding the limit under section 269SS of the Income-tax Act may attract penalty under section 271D, but does not render the underlying transaction illegal, void or unenforceable; it does not itself rebut those presumptions. The presumption in favour of the cheque holder remains rebuttable, but a bare denial is insufficient. The accused must explain the cheque's issuance and possession, while credible evidence that the payee lacked financial capacity to lend may rebut the presumption. The matter was remanded for fresh consideration of the evidence.
Admission of cheque execution triggers presumptions of consideration and legally enforceable debt under the cheque-dishonour framework. A cash loan exceeding the limit under section 269SS of the Income-tax Act may attract penalty under section 271D, but does not render the underlying transaction illegal, void or unenforceable; it does not itself rebut those presumptions. The presumption in favour of the cheque holder remains rebuttable, but a bare denial is insufficient. The accused must explain the cheque's issuance and possession, while credible evidence that the payee lacked financial capacity to lend may rebut the presumption. The matter was remanded for fresh consideration of the evidence.
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