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...
Revisional jurisdiction over concurrent cheque-dishonour convictions is supervisory and does not permit reappreciation of evidence absent patent defect, legal or jurisdictional error, perversity, non-consideration of material evidence, or gross miscarriage of justice. Admitted cheque execution raises presumptions of consideration and legally enforceable debt, requiring the accused to establish a probable defence. A security cheque may be presented on default where liability subsists, and voluntarily signed blank cheques remain enforceable despite completion of particulars by the payee. Cash-loan restrictions may attract penalties without invalidating the underlying debt. Dishonour marked "account closed" falls within Section 138, and compensation is characterised as compensatory and restitutive alongside deterrent punishment.
Revisional jurisdiction over concurrent cheque-dishonour convictions is supervisory and does not permit reappreciation of evidence absent patent defect, legal or jurisdictional error, perversity, non-consideration of material evidence, or gross miscarriage of justice. Admitted cheque execution raises presumptions of consideration and legally enforceable debt, requiring the accused to establish a probable defence. A security cheque may be presented on default where liability subsists, and voluntarily signed blank cheques remain enforceable despite completion of particulars by the payee. Cash-loan restrictions may attract penalties without invalidating the underlying debt. Dishonour marked "account closed" falls within Section 138, and compensation is characterised as compensatory and restitutive alongside deterrent punishment.
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