Pre-existing operational debt disputes require genuine evidence, while undirected running-account payments may be appropriated on a first-in-first-out...
Agency in CNG distribution makes outlet operators commission agents, rendering taxable Business Auxiliary Service rather than purchasing goods for res...
Composite inpatient healthcare supply may retain exemption despite MRP medicine billing, while separate taxable sale characterisation remains disputed...
Working-capital adjustment determines whether software-services transfer-pricing margins fall within the statutory tolerance range, eliminating any ad...
Permanent establishment deductions upheld for expatriate salaries, direct costs and trading losses, while head-office costs require fresh classificati...
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The Supreme Court stated that the availability of revision under Section 397 CrPC does not bar the High Court's inherent jurisdiction under Section 482 CrPC where abuse of process or the ends of justice warrant intervention; a petition may be treated under the appropriate provision rather than rejected on nomenclature. Service of a meaningful opportunity notice under the proviso to Section 61(2) FERA is mandatory before a complaint may be instituted, and cognizance without proof of service is unsustainable. The Court also applied the Article 21 speedy-trial balancing assessment, finding prolonged, unexplained complainant-caused inaction. It set aside the High Court order and quashed the complaints and summoning order.
The Supreme Court stated that the availability of revision under Section 397 CrPC does not bar the High Court's inherent jurisdiction under Section 482 CrPC where abuse of process or the ends of justice warrant intervention; a petition may be treated under the appropriate provision rather than rejected on nomenclature. Service of a meaningful opportunity notice under the proviso to Section 61(2) FERA is mandatory before a complaint may be instituted, and cognizance without proof of service is unsustainable. The Court also applied the Article 21 speedy-trial balancing assessment, finding prolonged, unexplained complainant-caused inaction. It set aside the High Court order and quashed the complaints and summoning order.
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