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...
For dishonour of a cheque drawn on a company account, the company must be arraigned as an accused before vicarious liability can attach to an authorised signatory or other persons responsible for its business. Omission of the company is a foundational defect that prevents valid cognizance under the Negotiable Instruments Act. Section 319 CrPC cannot be used to cure that defect by subsequently impleading the company after the statutory limitation period; any fresh complaint remains subject to limitation and delayed cognizance requires sufficient cause. The Supreme Court quashed the complaint and consequential proceedings, and held that the direction to suo motu arraign the company exceeded jurisdiction.
For dishonour of a cheque drawn on a company account, the company must be arraigned as an accused before vicarious liability can attach to an authorised signatory or other persons responsible for its business. Omission of the company is a foundational defect that prevents valid cognizance under the Negotiable Instruments Act. Section 319 CrPC cannot be used to cure that defect by subsequently impleading the company after the statutory limitation period; any fresh complaint remains subject to limitation and delayed cognizance requires sufficient cause. The Supreme Court quashed the complaint and consequential proceedings, and held that the direction to suo motu arraign the company exceeded jurisdiction.
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