Prospective sugar export prohibition required registered letters of credit; private contracts and export quotas created no enforceable continuation ri...
Retroactive interim-moratorium exclusion permits protective asset disclosure and preservation measures against personal guarantors pending arbitration...
Inherent jurisdiction to quash cheque dishonour proceedings cannot be used to conduct a mini-trial where complaints prima facie disclose the offence and disputed issues, including security cheques, enforceable debt, service of notice and settlement, require evidence. The statutory presumption of legally enforceable debt under section 139 remains subject to trial. Separate complaints based on two consolidated demand notices for multiple dishonoured cheques from one transaction are maintainable. Non-reflection of the underlying transaction in income-tax returns does not by itself rebut the statutory presumptions or make the debt unenforceable; any income-tax breach may attract a prescribed penalty. The quashing petitions were dismissed and expeditious trial completion directed.
Inherent jurisdiction to quash cheque dishonour proceedings cannot be used to conduct a mini-trial where complaints prima facie disclose the offence and disputed issues, including security cheques, enforceable debt, service of notice and settlement, require evidence. The statutory presumption of legally enforceable debt under section 139 remains subject to trial. Separate complaints based on two consolidated demand notices for multiple dishonoured cheques from one transaction are maintainable. Non-reflection of the underlying transaction in income-tax returns does not by itself rebut the statutory presumptions or make the debt unenforceable; any income-tax breach may attract a prescribed penalty. The quashing petitions were dismissed and expeditious trial completion directed.
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