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...
Cheque-dishonour complaints may be instituted only by the payee or a holder in due course. The notes explain that the statutory presumption applies to a holder entitled in their own name to possess the cheque and recover its amount. A deceased payee's spouse was neither the named payee nor an endorsed holder, and the complaints disclosed no probate, letters of administration, succession certificate, or other judicial authority permitting recovery, demand, or valid discharge. As process was issued on the incorrect premise that the cheques were issued to the complainant, the statutory bar rendered the complaints not maintainable. The process orders and consequential proceedings were quashed to prevent abuse of process.
Cheque-dishonour complaints may be instituted only by the payee or a holder in due course. The notes explain that the statutory presumption applies to a holder entitled in their own name to possess the cheque and recover its amount. A deceased payee's spouse was neither the named payee nor an endorsed holder, and the complaints disclosed no probate, letters of administration, succession certificate, or other judicial authority permitting recovery, demand, or valid discharge. As process was issued on the incorrect premise that the cheques were issued to the complainant, the statutory bar rendered the complaints not maintainable. The process orders and consequential proceedings were quashed to prevent abuse of process.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4790
Join Channel
TaxTMI 
