Admissibility of electronic evidence bars undervaluation demands where printouts, retracted statements and no cross-examination leave the case unprove...
Limitation in oppression and mismanagement proceedings: prior knowledge of removal and dilution barred the challenge, with valuation directions upheld...
Insolvency professional agency governance rules amended to add nominee directors, tighten independent director eligibility, and regulate managing dire...
Documentary material, including the complainant's affidavit, dishonoured cheque, return memos, demand notice and MoU, may satisfy the mandatory inquiry under Sections 200 and 202 of the Code before process is issued against an accused residing outside the Magistrate's territorial jurisdiction. On admitted cheque execution and non-payment after notice, the presumptions of consideration and legally enforceable liability under Sections 118 and 139 of the Negotiable Instruments Act apply. Defences that security cheques were prematurely presented, liability had not arisen under the MoU, or fraud occurred raise factual issues for trial and cannot displace those rebuttable presumptions through inherent jurisdiction at the pre-trial stage. The challenges were rejected and trial was directed to proceed expeditiously.
Documentary material, including the complainant's affidavit, dishonoured cheque, return memos, demand notice and MoU, may satisfy the mandatory inquiry under Sections 200 and 202 of the Code before process is issued against an accused residing outside the Magistrate's territorial jurisdiction. On admitted cheque execution and non-payment after notice, the presumptions of consideration and legally enforceable liability under Sections 118 and 139 of the Negotiable Instruments Act apply. Defences that security cheques were prematurely presented, liability had not arisen under the MoU, or fraud occurred raise factual issues for trial and cannot displace those rebuttable presumptions through inherent jurisdiction at the pre-trial stage. The challenges were rejected and trial was directed to proceed expeditiously.
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