Charitable trust income application permits verified capital expenditure but rejects deferred pre-operative claims and requires reconsideration of con...
Reinsurance premium deductions require established regulatory breaches, while independently acquired software qualifies within the computer depreciati...
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...
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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