Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
Pharmaceutical promotion and transfer-pricing comparability principles limited disallowances, while uncorroborated search allegations and unsupported ...
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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