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...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and...
Signed cheques attract statutory presumptions of consideration and discharge of legally enforceable liability, including where a voluntarily delivered blank signed cheque is relied upon. A drawer alleging that the cheque was misplaced must rebut those presumptions through cogent evidence, including credible particulars of loss and an explanation of the holder's possession. Territorial jurisdiction may arise where part of the cause of action occurred, such as collection of the loan or presentation of the cheque within the court's area. Pendente lite and post-decree interest may be awarded under the court's discretionary power even without an agreed contractual rate, provided the rate is fair and judiciously fixed.
Signed cheques attract statutory presumptions of consideration and discharge of legally enforceable liability, including where a voluntarily delivered blank signed cheque is relied upon. A drawer alleging that the cheque was misplaced must rebut those presumptions through cogent evidence, including credible particulars of loss and an explanation of the holder's possession. Territorial jurisdiction may arise where part of the cause of action occurred, such as collection of the loan or presentation of the cheque within the court's area. Pendente lite and post-decree interest may be awarded under the court's discretionary power even without an agreed contractual rate, provided the rate is fair and judiciously fixed.
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